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THE 


HISTORICAL  REGISTER 

OF    THE 

*• 

UNITED  STATES. 

PART  I. 

FROM  THE  DECLARATION  OF  WAR  IN 
TO  JANUARY  1,  1814. 

EDITED  BY 

T.  H.  PALMES. 


•x/wvx/vx/vx-wx 


YOL.  I. 


SECOND  EDITION, 

WywVVW*,  *X  V»'WVJ 

PHILADELPHIA, 
PRINTED  AND  PUBLISHED  BY  G.  PALMER? 

3iO.  201,   CHESNUT   STREET. 


v 


\ 


\ 


PREFACE. 


IT  has  long  been  a  subject  of  surprise  and  regret, 
that  among  the  many  valuable  periodical  publications  in 
the  United  States,  no  one  should  have  been  devoted  to 
the  preservation  of  an  authentic  and  complete  collection 
of  American  state  papers  and  official  records.  Se 
veral  weekly  and  other  publications,  it  is  true,  have 
professed  to  devote  a  portion  of  their  columns  for  this 
purpose ;  but  the  mass  of  extraneous  matter  with  which 
these  valuable  documents  are  mingled,  in  publications 
of  this  nature,  is  such  as  to  render  it  a  work  of  labour 
to  refer  to  them ;  and  from  their  being  generally  conduc 
ted  by  violent  partizans,  they  lose  much  of  their  au 
thority  and  usefulness.  The  official  documents  in 
works  of  this  kind  too,  are  generally  incomplete,  and 
are  seldom,  if  ever,  derived  from  authentic  sources,  but 
merely  copied  from  newspapers,  which,  from  the  hurry 
and  carelessness  with  which  they  are  conducted,  are 
liable  to  numerous  omissions  and  the  most  gross  blun 
ders. 

To  supply  this  deficiency  is  the  principal  object  of 
the  present  publication.  For  this  purpose,  it  is  intend 
ed  to  publish  two  volumes  annually,  the  first  of  which 
will  be  devoted  chiefly  to  legislative  proceedings,  and 
notices  of  internal  improvements,  and  of  the  progress 

VOL.  i.  b 

M245672 


IV  PREFACE. 

of  the  arts  and  manufactures,  Sec. ;  the  second  to  record 
ing  events  more  strictly  historical. 

But  though  the  main  object  of  the  Register,  is  the 
collection  and  arrangement  of  documents  respecting 
American  history,  its  pages  will  not  be  exclusively  de 
voted  to  that  purpose.  It  is  expected  that  sufficient 
room  will  generally  be  found  for  recording  the  most 
important  events  occurring  in  other  countries,  and  par 
ticularly  in  Europe.  The  importance  of  the  transac 
tions  of  the  United  States  for  the  last  eighteen  months, 
however,  and  the  anxiety  of  the  Editor  to  give  the  do 
cuments  of  that  interesting  period  complete  and  entire, 
have  induced  him  to  devote  the  first  volumes  exclusively 
to  American  affairs,  and  to  postpone  a  number  of  in 
teresting  articles  which  had  been  prepared,  among  which 
are  a  history  of  the  campaigns  in  Russia  and  Germany, 
in  1812-13,  and  a  history  of  the  revolution  in  Spain, 
up  to  the  present  time. 

The  Register  commences  with  a  "  Review  of  the 
Political  Institutions  of  the  United  States."  This 
review  contains  short  comparative  notices  of  the  various 
provisions  of  the  different  state  governments,  with  a 
more  ample  detail  of  the  institutions  of  the  federal 
government.  It  is  believed  that  this  essay  will  be  found 
generally  interesting,  as  comprising  in  small  compass 
much  useful  information,  not  to  be  otherwise  attained 
without  a  great  deal  of  labour  and  research. 

The  history  of  the  proceedings  of  congress  during 
the  twyo  sessions  held  since  the  declaration  of  war,  with 
a  complete  collection  of  the  state  papers  laid  before 
them  by  the  executive,  copied  from  the  originals  print 
ed  for  the  use  of  congress,  occupies  the  remainder  of 


PREFACE.  y 

the  volume.  The  plan  which  has  been  adopted  in  this 
section  of  the  work  is  to  present  the  proceedings  of 
congress  digested  into  a  regular  narrative,  giving  a  view 
of  their  acts,  and  of  the  propositions  which  have  occu^ 
pied  their  attention,  in  their  natural  order,  without  regard 
to  the  time  of  their  occurrence.  The  advantages  of  this 
plan  over  that  of  a  journal  will,  it  is  believed,  be  suffi 
ciently  obvious  to  every  reader.  In  the  proceedings  of 
the  first  session  of  the  13th  congress,  will  be  found  a 
digested  view  of  the  system  of  internal  revenue,  which 
went  into  operation  on  the  first  of  January,  1814. 

The  second  volume  is  occupied  Jay  a  history  of  the 
most  remarkable  events  that  have  occurred  from  the  de 
claration  of  war  to  the  commencement  of  the  year  1814, 
followed  by  a  complete  collection  of  official  historical 
documents  for  that  period,  in  which  will  be  found  a 
number  of  interesting  official  letters  which  are  now  for 
the  first  time  made  public.  The  official  documents  are 
so  arranged  as  to  show  at  one  view  both  the  British  and 
American  statements,  and  they  generally  follow  the  or 
der  of  the  history,  of  which  they  may  be  considered  an 
amplification  and  elucidation. 

It  was  originally  intended  that  an  introductory  volume 
should  have  been  published,  containing  the  speeches  or 
messages  of  the  different  presidents,  at  the  opening  of 
each  session  of  congress,  and  the  diplomatic  correspon 
dence  relative  to  the  infractions  of  the  rights  of  the 
United  States  by  the  belligerent  powers,  which  it  was 
expected  would  have  contained  a  compendious  view  of 
the  Union  since  the  adoption  of  the  Federal  Constitu 
tion.  In  examining  the  archives  of  congress,  however, 
for  the  purpose  of  making  this  collection,  it  was  found, 


VI  PREFACE. 

that  the  presidential  speeches  and  messages  would  be 
extremely  imperfect  unless  they  were  accompanied  by 
the  voluminous  documents  that  were  at  the  same  time 
laid  before  that  body,  to  which  numerous  references  are 
made.  Such  a  vast  mass  of  other  important  documents 
throwing  a  light  on  the  history  of  the  country  was  like 
wise  found,  as  determined  the  Editor  to  relinquish  this 
part  of  his  plan  for  the  present,  with  a  view  of  employ 
ing  all  the  leisure  that  his  work  would  afford,  in  drawing 
up  such  a  digest  of  the  proceedings  of  congress  and 
of  the  valuable  historical  documents  in  the  capitol,  as, 
connected  with  notices  of  the  most  remarkable  events 
that  have  taken  place,  would  form  a  complete  history 
of  the  United  States.  It  will  be  easily  perceived  that 
this  will  be  a  work  of  much  time  and  labour ;  but  its 
extent  cannot  at  present  be  exactly  ascertained.  It  will 
of  course  be  optional  with  the  subscribers  to  purchase 
these  volumes  or  not. 
February,  1814. 


A  second  edition  of  the  first  two  volumes  of  this  work 
has  been  called  for  within  six  months  from  the  publica 
tion  of  the  first,  a  degree  of  success  which  is  extremely 
flattering  to  the  Editor,  and  which  far  surpasses  his  ex- 
pectations.  This  increased  circulation,  by  diminishing 
the  expence  of  the  publication,  will  enable  the  Editor  to 
increase  its  size,  a  circumstance  which  he  will  gladly 
take  advantage  of  in  order  to  introduce  a  greater  variety 
of  subjects  into  his  subsequent  volumes. 

July,  1814. 


CONTENTS. 


REVIEW    OF    THE    POLITICAL    INSTITUTIONS    OF   THE 
UNITED    STATES. 

CHAPTER  I. — Of  the  State  Governments. 

§  1.  Settlement  of  the  English  colonies.  2.  Their  forms  of  government. 
3.  Revolution.  4.  The  thirteen  states.  5.  Formation  of  the  new 
states.  6.  State  governments.  7.  Governor.  8.  Legislature.  9. 
Judiciary.  10.  Qualifications  of  electors.  11.  Appointment  to  of 
fice.  12.  Religious  tests.  13.  Eligibility  of  ministers  of  the  gospel. 
14.  Religious  establishments.  15.  Provision  for  the  support  of  schools. 
16.  Imprisonment  of  debtors.  17.  Titles.  18.  Instruction  of  repre 
sentatives.  19.  Modes  of  amending  the  constitution.  20.  Territorial 
governments  1 

CHAPTER  II. — Of  the  Governments  of  the  Union. 

§  1.  New  England  confederacy.  2.  Articles  of  confederation.  3.  Dis 
solution.  4.  Albany  plan  of  union.  5.  Causes  of  its  failure.  6.  Con 
gress  of  1765.  7.  Congress  of  1774.  8.  Mode  of  election.  9.  Powers 
of  delegates,  ip.  Their  transactions.  11.  Congress  of  1775.  12. 
Articles  of  confederation.  13.  Treaty  of  peace.  14.  Inefficacy  of 
the  articles  of  confederation.  15.  Convention  at  Annapolis.  16.  Con 
vention  at  Philadelphia.  17.  Formation  of  the  federal  constitution 

14 
CHAPTER  III.— Of  the  Federal  Constitution. 

1.  General  view  of  the  constitution.  2.  Compared  with  the  articles 
of  confederation.  3.  Prohibitions  on  the  state  governments.  4.  The 
president  and  vice-president.  5.  Mode  of  their  election.  6.  Their 
qualifications.  7.  Term  of  election.  8.  Salary.  9.  Powers  and  du 
ties  of  the  president.  10.  Provision  for  vacancy.  11.  Executive  de 
partments.  12.  Department  of  state.  13.  Salaries.  14.  Duties.  15. 
Patent  office.  16.  Treasury  department.  17.  Salary  of  the  secreta 
ry,  Sec.  18.  Duties.  19.  Mitigating  powers.  20.  Salaries  in  the 
comptroller's  office.  21.  Duties.  22.  Salaries  in  the  auditor's  office. 
23.  Duties.  24.  Salaries  in  the  treasurer's  office.  25.  Duties.  26. 
Salaries  in  the  register's  office.  27.  Duties.  28.  Salaries  in  the  office 
of  the  commissioner  of  the  general  land  office.  29.  Duties.  30.  Sala 
ries  in  the  commissioner  of  the  revenue's  office.  31.  Duties.  32. 
War  department.  33.  Salaries.  34.  Duties.  35.  Navy  depart 
ment.  36.  Salaries.  37.  Duties.  38.  Vacancies  in  the  departments 

23 
CHAPTER  IV. — Of  the  Federal  Constitution.  (In  continuation.} 

§  1.  Legislature.     2.  Their  qualifications.     3.  House  of  representatives. 


Vlll  CONTENTS. 

4.  Senate.  5.  President  and  speaker.  6.  Powers  of  congress.  7. 
Stated  meetings.  8.  Internal  regulations.  9.  Revenue  bills.  10. 
Form  of  passing  laws,  &c.  11.  Privileges  of  the  members.  12. 
Compensation.  13.  Officers  of  the  legislature.  14.  Standing  com 
mittees.  15.  Mode  of  supplying  vacancies.  16.  Judiciary.  17.  Gen 
eral  jurisdiction.  18.  Tenure  of  office.  19.  The  supreme  court.  20. 
Its  jurisdiction.  21.  Salaries.  22.  District  courts.  23.  Their  juris 
diction.  24.  Salaries  of  district  judges.  25.  Circuit  courts.  26. 
Their  jurisdiction.  27.  The  attorney-general.  28.  District  attorneys. 
29.  Marshals.  30.  Clerks  of  court.  31.  Appointment,  Sec.  of  infe 
rior  judicial  officers.  32.  Pay  of  jurors  and  witnesses  35 

HISTORY    OF    THE    PROCEEDINGS    OF    CONGRESS. 
l&TH    CONGRESS— &D    SESSION. 

CHAPTER  I. — §  1.  Meeting  of  congress.  2.  President's  message.  3. 
Expedition  of  general  Hull.  4.  War  on  the  ocean.  5.  Refusal  of 
the  militia.  6.  Pacific  advances  to  Great  Britain.  7.  Armistice.  8. 
Correspondence  with  admiral  Warren.  9.  Subjects  recommended 
to  the  consideration  of  congress.  10.  Merchants'  bonds.  11.  State  of 
the  treasury.  12.  Conclusion  47 

CHAPTER  II. — §  1.  Prohibition  of  exports.  2.  Merchants'  bonds. 
3.  Seamen's  bill.  4.  Certificates  of  registry.  5.  Increase  of  army 
pay.  6.  Twelve-months  men.  7.  Organization  of  the  staff.  8.  Ar 
my  supplies.  9.  Expresses  from  the  seat  of  war.  10.  Classification 
of  the  militia.  11.  Increase  of  volunteer  and  militia  pay.  12.  Re 
port  on  the  naval  establishment.  13.  Increase  of  the  navy.  14. 
Privateers.  15.  Regulation  of  prize  causes.  16.  Torpedoes.  17. 
Retaliation  58 

CHAPTER  III.— §  1.  Treasury  report.  2.  Navy  loan.  3.  Loan  of  sixteen 
millions.  4.  Treasury  notes.  5.  Suspension  of  non-importation  act. 
6.  Extra  session.  7.  Duty  on  iron  wire.  8.  Public  lands.  9.  Yazoo 
claims.  10.  Naturalization.  11.  New  state.  12.  Mail  steam-boats. 
13.  Vaccination.  14.  Reward  of  valour.  15.  Amendment  to  the  con 
stitution.  16.  Medal  to  commodore  Preble.  17.  Treasury  mitigating 
power.  18.  Presidential  election.  19.  Presidential  messages.  20. 
Rupture  with  Algiers.  21.  Treatment  of  American  seamen.  22. 
Resolutions  of  the  legislature  of  Pennsylvania.  23.  Naval  exploits. 
24.  British  licenses.  25.  Berlin  and  Milan  decrees.  26.  Appropria 
tions-  27.  Dissolution  of  congress  78 

13TH    CONGRESS 1ST    SESSION. 

CHAPTER  IV. —  §  1.  Meeting  of  the  13th  congress.  2.  Election  of 
speaker.  3.  Message  of  the  president.  4.  Russian  mediation.  5. 
Conduct  of  the  war.  6.  Internal  revenue.  7.  Treasury  report. 
8.  Report  of  the  committee  of  ways  ard  means.  9.  Direct  tax. 
10.  Tax  on  stills.  11.  On  refined  sugar.  12.  On  licences  to  retailers. 
13.  On  sales  at  auction.  14.  Duties  on  carriages.  15.  Stamp  du 
ties.  16.  Commencement  of  the  taxes.  17.  Penalties.  18.  Terms 
of  payment.  19.  Collection.  20.  Assessment  and  collection  of  the 
direct  taxes.  21.  Continuance  of  the  internal  duties.  22.  Debate 
on  the  tax  bills.  23.  Votes  on  their  passage.  24.  Tax  on  imported 
salt  103 


CONTENTS.  ix 

CHAPTER  V.— §  1.  Webster's  resolutions.  2.  Debate  thereon.  3. 
Answer  of  the  president.  4.  Stenographers.  5.  Russian  embasssy. 
6.  Mission  to  Sweden.  7.  Embargo.  8.  Massachusetts  remonstrance. 
9.  Debate  thereon.  10.  Distribution  of  arms.  11.  Amendments  to  the 
constitution j  12.  Naturalization.  13.  British  licenses.  14.  Girard's 
memorial.  15.  Seizure  of  East  Florida.  16.  Measures  for  defence. 
17.  Disabled  militia  and  volunteers.  18.  Reward  of  valour.  19.  En 
couragement  to  privateers.  20.  Encouragement  of  the  fisheries.  21* 
Loan.  22.  Appropriations.  23.  Conduct  of  the  war.  24.  Barbari 
ties  of  the  enemy.  25.  Adjournment  126 

STATE  PAPERS  LAID  BEFORE  CONGRESS. 
1STH  CONGRESS &D  SESSION. 

Message  from  the  president  of  the  United  States  to  both  houses  of  con 
gress  at  the  commencement  of  the  session  [1 

Documents  accompanying  the  message,  viz. 

Letters  from  Mr.  Monroe  to  Mr.  Russell,  informing  him  of  the  declara 
tion  of  war,  and  authorizing  him  to  propose  an  armistice  [9 

Mr.  Russell  to  the  secretary  of  state,  enclosing  a  correspondence  with 
lord  Castlereagh,  on  the  subject  of  an  armistice  [18 

Correspondence  between  sir  J.  B.  Warren  and  the  secretary  of  state,  on 
the  same  subject  [23 

Letter  from  Mr.  Russell  to  the  secretary  of  state,  enclosing  a  correspon 
dence  with  lord  Castlereagh,  on  the  subject  of  the  repeal  of  the  orders 
in  council  [28 

Mr.  Erving  to  the  secretary  of  state  ;  enclosing  a  correspondence  with 
the  Danish  minister  of  foreign  affairs  [34 

Message  from  the  president  of  the  United  States,  transmitting  a  corres 
pondence  between  the  department  of  war  and  the  governors  of  the 
states  of  Massachusetts  and  Connecticut,  upon  the  subject  of  the  mi 
litia  of  those  states  [59 

Message  from  the  president  of  the  United  States,  communicating  further 
information  relative  to  the  pacific  advances  made  on  the  part  of  this 
government  to  that  of  Great  Britain  [76 

Message  from  the  president  of  the  United  States,  transmitting  copies  of 
a  communication  from  Mr.  Russell  to  the  secretary  of  state,  connected 
with  the  correspondence  communicated  by  his  message  of  the  twelfth 
instant,  relative  to  the  pacific  advances  made  on  the  part  of  this  go 
vernment  to  that  of  Great  Britain  [81 

Message  from  the  president  of  the  United  States,  transmitting  copies 
of  a  letter  from  the  consul-general  of  the  United  States  to  Algiers, 
stating  the  circumstances  preceding  and  attending  his  departure  from 
that  regency  [89 

Message  from  the  president  of  the  United  States,  transmitting  a  report 
of  the  secretary  of  state,  made  in  obedience  to  a  resolution  of  the 
house  of  representatives  of  the  ninth  instant,  requesting  information 
touching  the  conduct  of  British  officers  towards  persons  taken  in 
American  armed  ships  [104 

Message  from  the  president  of  the  United  States,  transmitting  copies 
of  a  correspondence  between  John  Mitchell,  agent  for  American 
prisoners  of  war  at  Halifax,  and  the  British  admiral  commanding  at 
that  station  ;  also,  copies  of  a  letter  from  commodore  Rodgers  to  the 
secretary  of  the  navy  ;  respecting  the  treatment  of  American  sea 
men  [105 


X  CONTENTS, 

Message  front  the  president  of  the  United  States,  communicating  reso 
lutions  of  the  legislature  of  Pennsylvania,  on  the  subject  of  our  foreign 
relations  [117 

Message  from  the  president  of  the  United  States,  transmitting  a  pro 
clamation  of  the  British  governor  of  Bermuda,  providing  for  the  sup 
ply  of  the  British  West  Indies,  by  a  trade  under  licenses  ;  accompanied 
with  a  circular  instruction,  confining,  if  practicable,  the  trade  to  the 
eastern  ports  of  the  United  States  [120 

Message  from  the  president  of  the  United  States,  transmitting  a  corres 
pondence  relative  to  the  repeal  of  the  Berlin  and  Milan  decrees ;  and 
touching  the  relations  between  the  United  States  and  France,  in  pur 
suance  of  a  resolution  of  the  first  of  March,  1813  [124 

Letter  from  the  secretary  of  the  treasury,  transmitting  his  annual  re 
port  on  the  state  of  the  finances,  in  obedience  to  the  act  to  establish 
the  treasury  department  [130 

43TH  CONGRESS 1ST  SESSION. 

Message  from  the  president  of  the  United  States,  to  the  two  houses  o* 
congress,  at  the  commencement  of  the  first  session  of  the  thirteenth 
congress  [146 

Remonstrance  of  the  legislature  of  the  state  of  Massachusetts,  against, 
the  war  with  Great  Britain ;  and  protest  of  the  minority  of  said  legis 
lature  against  said  remonstrance  [151 

Message  from  the  president  of  the  United  States,  transmitting  informa 
tion  touching  the  French  decree  purporting  to  be  a  repeal  of  the  Ber 
lin  and  Milan  decrees  ;  in  pursuance  of  the  resolutions  of  the  house 
of  the  twenty-first  of  June  last  [Webster's  resolutions]  [165 

Message  from  the  president  of  the  United  States,  transmitting  sundry 
documents  relating  to  a  declaration  and  order  in  council  of  the  British 
government,  of  the  twenty-first  of  April,  1812  [191 

Letter  from  the  secretary  of  the  treasury,  transmitting  his  annual  report 
on  the  state  of  the  finances,  prepared  in  obedience  to  the  act  to  es 
tablish  the  treasury  department  [211 


. 

HISTORICAL  REGISTER. 


vw  wv  w»/  vwvw  vw 


REVIEW  OF  THE  POLITICAL  INSTITUTIONS  OF 
THE  UNITED  STATES. 


CHAPTER  I. 

OF  THE  STATE  GOVERNMENTS* 

$  1.  Settlement  of  the  English  colonies.  §  2.  Their  forms  of  govern 
ment.  §  3.  Revolution.  §  4.  The  thirteen  states.  §  5.  Formation  of 
the  new  states.  §  6.  State  governments.  §  7.  Governor.  §  8.  Legis 
lature.  §9.  Judiciary.  §  10.  Qualifications  of  electors.  §  11.  Ap 
pointment  to  office.  §  12.  Religious  tests.  §  13.  Eligibility  of  minis 
ters  of  the  gospel.  §  14.  Religious  establishments.  §  15.  Provision 
for  the  support  of  schools.  §  16.  Imprisonment  of  debtors.  §  17.  Ti 
tles.  §  18.  Instruction  of  representatives.  §  19.  Modes  of  amending 
the  constitution.  §  20.  Territorial  governments. 

§  1.  1  HE  extensive  country  comprehending  the  United 
States  has  been  principally  settled  by  emigrants  from  the  British 
dominions.  The  accounts  of  the  discoveries  of  Columbus,  to 
wards  the  close  of  the  15th  century,  filled  all  Europe  with  asto 
nishment  and  admiration,  and  inspired  very  generally  among 
maritime  nations  the  desire  of  sharing  with  Spain  in  the  glory, 
the  wealth,  and  the  dominion  to  be  acquired  in  the  new  world. 
So  early  as  1495,  Henry  VII  of  England  commissioned  Sebas 
tian  Gabotto  (or  Cabot,  the  name  he  assumed  in  England),  a  Ve 
netian,  to  discover  and  take  possession,  in  his  name,  of  any  coun 
try  that  was  unoccupied  by  a  Christian  state.  Two  years  after 
wards,  Cabot  discovered  Newfoundland,  and  sailed  along  the 
coast  of  North  America  from  lat.  56°  to  38°  N.  From  this  dis 
covery  the  English  deduced  their  title  to  this  extensive  region. 

During  the  16th  century,  a  number  of  abortive  attempts  were 
made  by  English  adventurers  to  effect  a  settlement  in  America. 
Misled  by  the  delusive  dreams  of  avarice,  the  attention  of  those 
adventurers  was  principally  devoted  to  the  search  after  gold 
and  silver  mines,  totally  regardless  of  those  more  valuable 

VOL.  i.  C 


2  HISTORICAL  REGISTER.  [CHAP.  i. 

treasures  which  every  where  met  the  eye.  The  consequence 
was,  that  those  wretched  colonists  either  abandoned  the  country 
in  despair,  or  were  destroyed  by  famine,  or  cut  off  by  the  na 
tives.  Towards  the  end  of  that  century,  however,  more  just 
views  began  to  be  entertained  in  England  of  the  real  value  of 
this  country.  An  extensive  association  was  formed  of  influen 
tial  and  wealthy  individuals,  for  the  purpose  of  establishing  co 
lonies,  to  whom  were  granted,  in  the  year  1606,  under  the 
great  seal  of  England,  those  territories  in  America  lying  on  the 
sea-coast,  between  the  34th  and  45th  degrees  of  north  latitude. 
They  were  divided  into  two  companies,  the  first  of  which  was 
required  to  settle  between  the  34th  and  41st,  the  other  between 
the  38th  and  45th  degrees  of  north  latitude,  yet  so  that  the  colony 
last  formed  should  not  be  planted  within  100  miles  of  the  prior 
establishment. 

In  the  following  year,  1607,  the  first  permanent  settlement 
was  made  in  Virginia,  the  name  then  given  to  all  that  extent  of 
country  now  forming  the  United  States,  except  Georgia.  The 
emigrants,  105  in  number,  took  possession  of  a  peninsula  on  the 
northern  side  of  James  river,  and  erected  a  town,  which,  in 
honour  of  their  sovereign,  they  called  Jamestown.  Thirteen 
years  afterwards,  a  congregation  of  English  puritans,  who  had 
been  driven  to  Holland  by  religious  persecution,  sailed  for 
America,  101  in  number,  and  arrived  at  Cape  Cod,  in  Novem 
ber,  1620.  From  this  handful  of  people  and  their  subsequent 
associates,  have  sprung  the  hardy  New  Englanders,  New  Hamp 
shire,  Rhode  Island,  and  Connecticut  being  in  a  great  measure 
shoots  from  this  establishment. 

In  less  than  80  years  from  the  first  permanent  English  settle 
ment  in  North  America,  the  two  original  patents  which  had 
been  granted  by  king  James  were  divided  into  twelve  distinct 
and  unconnected  provinces,  and  in  5O  years  more  a  thirteenth, 
by  the  name  of  Georgia,  was  added  at  their  southern  extremity. 

§  2.  The  inhabitants  of  the  English  colonies  received  from 
their  first  settlement,  impressions  highly  favourable  to  demo 
cratic  institutions.  They  were  all  of  one  rank,  and  numbers  of 
them  had  fled  not  only  from  religious  but  from  political  perse 
cution.  Their  governments  were  of  four  kinds  : 

The  first  was  a  charter  government,  by  which  the  powers  of 
legislation  were  vested  in  a  governor,  council,  and  assembly,  all 
chosen  by  the  people.  This  secured  to  the  governed  far  more 
freedom  than  either  of  the  others.  Of  this  kind  were  the  gov 
ernments  of  Connecticut  and  Rhode  Island ;  and  the  inhabitants 
of  those  states,  irom  the  time  of  obtaining  their  charters,  enjoyed 
the  same  degree  of  liberty,  which  they  have  enjoyed  since  the 


$  3.]  POLITICAL  INSTITUTIONS.  3 

revolution.  Of  this  kind  also  was  that  of  Plymouth  colony,  and 
originally  that  of  Massachusetts. 

The  second  was  a  proprietary  government,  in  which  the  pro 
prietor  of  the  province  was  governor;  although  he  generally  re 
sided  in  England,  and  administered  the  government  by  a  depu 
ty  of  his  own  appointment ;  the  assembly  only  being  chosen  by 
the  people.  Such  were  the  governments  of  Pennsylvania  and 
Maryland;  and  originally  those  of  New  Jersey  and  the  Caroli- 
nas. 

The  third  was  a  royal  government,  in  which  the  governor 
and  council  were  appointed  by  the  crown,  and  the  assembly  by 
the  people.  Of  this  kind  were  those  of  New  Hampshire,  New 
York,  Virginia,  Georgia,  New  Jersey  after  1 70;2,  and  the  Caro- 
linas  after  1 728. 

The  fourth  was  a  mixed  government,  in  which  the  governor 
alone  was  appointed  by  the  crown,  and  both  the  council  and  as 
sembly  were  chosen  by  the  people.  The  governor,  however, 
had  the  right  to  negative  a  certain  number  of  the  council ;  but 
not  to  fill  up  vacancies  thus  occasioned.  Of  this  kind  was  the 
government  of  Massachusetts. 

This  variety  of  governments  created  different  degrees  of  de 
pendence  on  the  crown.  The  charter  governments  had  the  sole 
power  of  enacting  laws  ;  but  the  laws  might  not  be  contrary  to 
the  laws  of  England.  In  the  others,  the  laws  must  be  ratified 
by  the  king. 

§  3.  This  state  of  things  continued  until  the  conclusion  of  the 
war  of  1755,  which  ended  by  the  expulsion  of  the  French  from 
Canada,  and  its  annexation  to  the  British  dominions  in  North 
America.  Within  one  year  from  the  peace  began  the  struggle 
between  Great  Britain  and  her  colonies,  relative  to  the  right  of 
parliament  to  impose  taxes  upon  them,  a  struggle  that  eventuat 
ed  in  their  complete  independence.  The  attempt  to  tax  Ame 
rica  by  a  body  in  which  they  were  not  represented,  and  over 
which  they  had  no  controul,  excited  a  general  spirit  of  resistance 
throughout  the  country,  which  broke  out  in  hostilities  in  the 
spring  of  1775  ;  and  on  the  4th  of  July,  1776,  a  declaration  of 
independence  was  issued  by  a  congress  of  delegates  from  all  the 
provinces,  held  at  Philadelphia.  On  the  15th  of  May  preced 
ing,  a  resolution  had  been  passed  by  the  same  congress,  recom 
mending  to  the  different  colonies  to  adopt  new  forms  of  govern 
ment  suitable  to  the  exigencies  of  affairs,  on  the  ground  of  its 
being  irreconcileuble  to  reason  and  good  conscience  for  the  peo 
ple  to  take  the  oath  and  affirmations  necessary  for  the  support  of 
any  government  under  the  crown  of  Great  Britain,  since  they 
had  been  excluded,  by  an  act  of  parliament,  from  the  protec- 


4  HISTORICAL  REGISTER.  [CHAP.  i. 

tion  of  the  crown,  which  rendered  it  necessary  that  the  exercise 
of  every  kind  of  authority  under  that  crown  should  be  totally 
suppressed.  This  recommendation  was  generally  acted  on  im 
mediately,  and  at  length  prevailed  in  all  the  provinces  except 
Connecticut  and  Rhode  Island,  where  it  was  deemed  unnecessa 
ry  to  make  any  change,  as  in  those  colonies  the  executive  as  well 
as  the  whole  legislature  had  always  been  elected  by  themselves. 

§  4.  At  the  time  of  the  declaration  of  independence,  the  Unit 
ed  States  consisted  of  thirteen  distinct  provinces,  namely,  New 
Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Virgi 
nia,  North  Carolina,  South  Carolina,  and  Georgia.  The  num 
ber  of  the  states  is  now  eighteen. 

§  5.  Vermont  was  the  first  new  state  that  was  admitted  into 
the  federal  union.  From  the  year  1763  till  1789,  this  country 
had  been  a  prey  to  the  most  distressing  controversies,  occasion 
ed  by  the  conflicting  territorial  claims  of  the  surrounding  states, 
particularly  New  Hampshire  and  New  York,  arising  from  the 
vague  and  contradictory  clauses  of  the  charters  under  which 
they  were  settled. 

A  long  and  tedious  controversy  respecting  the  boundary  line 
between  Massachusetts  and  New  Hampshire  was  settled  in 
1740,  when  George  the  second  determined  "  that  the  northern 
boundary  of  the  province  of  Massachusetts  be,  a  similar  curve 
line,  pursuing  the  course  of  Merrimac  river,  at  three  miles  dis 
tance,  on  the  north  side  thereof,  beginning  at  the  Atlantic  ocean, 
and  ending  at  a  point  due  north  of  Patucket  falls ;  and  a  straight 
line  drawn  from  thence,  due  west,  until  it  meets  with  his  majes 
ty's  other  governments."  This  line  was  drawn  in  1741.  From 
this  decision,  it  was  concluded  by  New  Hampshire  that  their 
jurisdiction  extended  as  far  west  as  Massachusetts  had  claimed 
and  exercised,  a  conclusion  that  seemed  also  to  be  justified  by 
the  circumstance  of  the  king's  having  repeatedly  recommended 
to  the  assembly  to  make  provision  for  the  support  of  a  fortress 
which  was  situated  to  the  west  of  Connecticut  river.  Accord- 
jngly  Benning  Wentworth,  the  governor  of  New  Hampshire, 
in  the  year  1749,  made  grants  of  several  townships  west  of  the 
river.  These  grants  were  put  a  stop  to  by  the  French  war  of 
1754,  but  on  the  cessation  of  hostilities,  the  fertility  and  value 
of  the  lands  having  become  generally  known  by  the  passage  of 
troops  through  the  country,  they  were  eagerly  sought  after  by 
adventurers  and  speculators,  and  the  settlements  increased  with 
a  surprising  rapidity. 

The  rapid  growth  of  these  settlements  at  length  attracted  the 
attention  of  New  York,  the  lieutenant  governor  of  which  state. 


$5.].  POLITICAL  INSTITUTIONS.  5 

grounding  his  pretensions  on  a  grant  of  Charles  II.  to  his  bro 
ther  the  duke  of  York,  issued  a  proclamation  claiming  jurisdic 
tion  as  far  east  as  Connecticut  river,  and  commanding  the  she 
riff  of  the  county  of  Albany  to  make  a  return  of  the  names  of 
all  persons  who,  under  colour  of  the  New  Hampshire  grants, 
had  taken  possession  of  any  lands  to  the  west  of  the  river.  To 
prevent  the  effects  that  might  arise  from  this  proclamation,  the 
governor  of  New  Hampshire  issued  a  counter  one,  declaring 
the  grant  vo  the  duke  of  York  to  be  obsolete,  that  New  Hamp 
shire  extended  as  far  to  the  west  as  Massachusetts  and  Connec 
ticut,  and  that  the  grants  made  by  New  Hampshire  would  be 
confirmed,  even  if  the  jurisdiction  should  be  altered.  The  set 
tlers  were  therefore  exhorted  not  to  be  intimidated,  and  the 
civil  officers  were  required  to  exercise  jurisdiction  as  far  west 
ward  as  grants  had  been  made,  and  to  punish  all  disturbers  of 
the  peace. 

New  York,  however,  did  not  choose  to  rely  on  so  precarious 
a  title  as  the  grant  of  Charles  II.  to  his  brother,  a  grant  totally 
inconsistent  with  the  charters  of  Massachusetts  and  Connecti 
cut,  and  to  which  those  provinces  had  paid  no  attention,  in  the 
settlement  of  their  lands  to  the  west  of  Connecticut  river.  Ap 
plications  were  made  to  the  crown,  representing  that  it  would 
be  greatly  for  the  convenience  and  advnntage  of  the  people  who 
were  settled  west  of  Connecticut  river,  to  be  annexed  to  New 
York ;  that  the  course  of  business  must  always  lie  that  way,  and 
that  the  people  were  desirous  of  being  included  in  that  govern 
ment.  The  result  of  these  applications  was  a  decision  in  favour 
of  New  York.  On  the  20th  of  July,  1 764,  his  majesty  ordered 
and  declared  "  the  western  banks  of  the  river  Connecticut,  from 
where  it  enters  the  province  of  Massachusetts  bay,  as  far  north 
as  the  45th  degree  of  northern  latitude,  to  be  the  boundary  line 
between  the  said  two  provinces  of  New  Hampshire  and  New 
York." 

Had  the  government  of  New  York  viewed  this  decision  in 
the  same  light  as  the  settlers  in  the  disputed  country,  viz.  that 
it  had  only  a  prospective  operation,  and  could  never  invalidate 
the  titles  to  their  lands,  no  opposition  would  probably  have  been 
made  to  the  exercise  of  her  jurisdiction.  But  unfortunately 
New  York  affected  to  consider  the  previous  grants  by  New 
Hampshire  as  illegal,  and  called  on  the  settlers  to  surrender 
their  charters,  and  take  out  new  grants  from  New  York,  which 
were  attended  with  considerable  expense. 

The  greater  part  of  the  settlers  refused  to  comply  with  this 
requisition,  and  ejectments  were  issued  against  them  by  the 
courts  at  Albany.  It  was  found  impossible,  however,  to  cam 


6  HISTORICAL  REGISTER.  [CHAP.  i. 

those  judgments  into  execution.  Public  opinion,  even  in  New 
York,  was  generally  in  favour  of  the  rights  of  the  settlers,  and 
all  the  attempts  of  the  civil  officers,  aided  even  by  the  militia,  as 
a  posse  to  assist  the  sheriff,  was  found  unavailing. 

Meantime  the  settlers  sent  three  of  their  members  to  Great 
Britain  to  represent  their  situation,  and  implore  the  protection 
of  the  crown,  and  enquiry  being  made  into  the  circumstances  of 
the  case,  a  royal  order  was  issued  to  the  governor  of  New  York, 
strictly  charging  and  commanding,  that  he  do  not,  on  pain  of  his 
majesty's  highest  displeasure,  presume  to  make  any  grant  what 
soever  on  those  lands,  until  his  majesty's  further  pleasure  be 
known.  This  proclamation,  however,  unfortunately  proved  in 
efficacious  in  restoring  order.  The  inhabitants  complained  that 
little  or  no  attention  was  paid  to  it  by  New  York,  and  affairs 
continued  to  approach  nearer  to  extremities,  till  the  year  1 775, 
when  the  revolution,  which  for  the  moment  swallowed  up  all 
inferior  and  local  contests,  put  a  stop  to  the  hostilities,  which 
every  moment  threatened  to  break  out  between  the  grants  and 
New  York. 

This  calm,  however,  was  but  of  short  duration.  On  the  2d 
of  August,  1776,  the  convention  of  New  York  unanimously 
voted,  "  that  all  quit-rents  formerly  due  to  the  king  of  Great 
Britain,  are  now  due  and  owing  to  this  convention,  or  such 
future  government  as  shall  hereafter  be  established  in  this 
state."  This  measure  excited  a  considerable  ferment  among 
the  settlers.  A  convention  was  called,  which,  in  January,  1 777, 
declared  the  country  usually  known  by  the  name  of  the  New 
Hampshire  grants  to  be  a  free  and  independent  state,  under  the 
name  of  New  Connecticut  or  Vermont.  The  convention  also 
addressed  congress,  requesting  that  their  delegates  might  be  ad 
mitted  to  a  seat  in  that  body. 

This  application  placed  congress  in  a  delicate  situation.  In 
these  critical  times,  union  was  all-important  to  the  states,  and 
no  decision  could  possibly  be  made  which  would  not  excite  vio 
lent  opposition  by  at  least  one  of  the  parties,  an  opposition  which 
might  be  attended  with  the  most  disastrous  consequences.  In 
deed  Great  Britain  had  already  attempted  to  profit  by  the  con 
test,  by  negotiating  with  the  people  of  the  disputed  territory. 
Congress,  therefore,  wisely  evaded  the  question,  and  affairs 
continued  in  this  unsettled  state  until  the  adoption  of  the  federal 
constitution  in  1789,  when  New  York,  seeing  that  all  prospect 
of  subduing  Vermont  by  force  or  by  policy  was  at  an  end,  and 
desirous,  as  well  as  the  other  states,  that  the  union  should  be 
completed  by  the  accession  of  that  country,  appointed  commis 
sioners  with  full  powers  to  acknowledge  their  independence^and 


§  5.J  POLITICAL  INSTITUTIONS.  7 

to  settle  all  matters  in  controversy  w  ith  her.  Commissioners 
being  also  appointed  by  Vermont,  after  two  or  three  meetings, 
this  controversy,  which  had  been  carried  on  with  great  animo 
sity  for  twenty-six  years,  was  finally  settled  both  equitably  and 
amicably,  and  on  February  18,  1791,  Vermont  was  admitted 
into  the  union  by  an  act  of  congress,  without  one  dissentient 
vote. 

Kentucky,  at  the  time  of  the  declaration  of  independence,  was 
comprehended  in  the  province  of  Virginia,  and  continued  to 
form  a  part  of  that  state  until  1 789,  when  the  legislature,  yield 
ing  to  the  wishes  of  its  inhabitants,  consented,  by  an  act  passed 
on  the  18th  of  December,  to  its  erection  into  an  independent 
state.  It  was  admitted  into  the  union  on  the  1st  of  June,  1792, 
by  an  act  of  congress  passed  on  the  4th  of  February,  1791. 

The  states  of  Tennessee  and  Ohio  have  been  formed  out 
of  territories  at  different  times  vested  by  deeds  of  cession  in 
the  United  States.  By  the  vague,  indefinite,  and  contradictory 
clauses  of  the  charters  under  which  the  different  colonies  were 
settled,  many  were  the  conflicting  claims  to  the  vacant  western 
territory.  During  the  old  confederation,  congress  repeatedly 
and  earnestly  recommended  to  the  different  states  claiming  or 
owning  such  territory  to  make  cessions  of  it  to  the  general  go 
vernment,  as  a  further  means,  as  well  of  hastening  the  extin 
guishment  of  the  debts,  as  of  establishing  the  harmony  of  the 
United  States.  In  pursuance  of  these  recommendations,  all  the 
claims  of  the  different  states  to  the  territory  north  and  west  of 
the  river  Ohio,  were  relinquished  in  favour  of  the  United  States, 
u  certain  reservation  of  the  right  of  soil  in  behalf  of  Connecti 
cut,  and  a  certain  portion  of  lands  for  the  satisfying  of  Virginia 
military  grants,  excepted.  On  the  20th  of  October,  1787,  con 
gress  passed  a  resolution,  u  that  it  should  be  represented  to 
North  Carolina  and  Georgia,  that  the  lands  ceded  by  other  states, 
in  compliance  with  the  recommendations  of  this  body,  are  now 
selling  in  large  quantities  for  public  securities ;  that  the  deeds  of 
cession  of  other  states  have  been  made  without  annexing  an 
express  condition  that  they  should  not  operate  until  the  other 
states  under  like  circumstances  make  similar  cessions;  and  that 
congress  have  such  faith  in  the  justice  and  magnanimity  of  the 
states  of  North  Carolina  and  Georgia,  that  they  only  think  it 
necessary  to  call  their  attention  to  these  circumstances,  not 
doubting  but  upon  consideration  of  the  subject  they  will  feel 
those  obligations  which  will  induce  similar  cessions,  and  justify 
that  confidence  which  has  been  placed  in  them."  These  repre 
sentations  appear  to  have  produced  the  effect  intended  ;  for 
North  Carolina,  in  December,  1789,  ceded  the  territory  now 
forming  the  state  of  Tennessee;  and  Georgia,  ia  April^  1802, 


8  HISTORICAL  REGISTER.  [CHAP.  i. 

ceded  the  Mississippi  territory  to  the  United  States.  These 
cessions  were  made  upon  condition  that  the  territories  so  ceded 
should  at  some  future  time  be  admitted  into  the  union  on  an 
equal  footing  with  the  original  states.  Tennessee  was  admitted 
by  an  act  passed  June  1,  1796,  to  take  effect  on  the  day  of  its 
date;  Ohio,  by  an  act  passed  February  19,  1803. 

By  the  treaty  between  the  United  States  and  France  of  the 
,30th  April,  1803,  the  province  of  Louisiana  was  ceded  by  the 
latter  to  America.  By  the  act  of  congress  of  March  26,  1804, 
that  portion  of  Louisiana  which  lies  south  of  the  Mississippi 
territory,  and  of  the  33d  degree  of  north  latitude,  was  constitu 
ted  a  territory  under  the  name  of  the  territory  of  Orleans. 
The  remainder  of  Louisiana  is  now  called  the  Missouri  territo 
ry.  On  the  30th  of  April,  1812,  the  territory  of  Orleans  was 
admitted  into  the  union,  under  the  name  of  the  state  of  Louisi 
ana,  by  an  act  of  congress  of  the  8th  of  the  same  month. 

§  6.  The  whole  of  these  eighteen  states,  with  the  exception  of 
Rhode  Island  and  Connecticut,  possess  written  constitutions, 
most  of  which  were  adopted  by  conventions  elected  by  the 
people  for  the  express  purpose.  Though  these  constitutions 
all  agree  in  the  great  principles  of  freedom  and  representation, 
considerable  varieties  exist  in  the  forms  of  government. 

§  7.  The  governor  is  chosen  by  the  legislature,  in  New  Jer 
sey,  Maryland,  Virginia,  the  two  Carolinas,  and  Georgia.  In 
Louisiana,  the  legislature  appoint  one  of  the  two  having  the 
highest  number  of  votes.  In  the  other  states  the  governor  is 
chosen  by  the  people. — There  is  an  executive  council  for  the 
advice  and  assistance  of  the  governor  in  all  the  New  England 
states,  and  in  New  Jersey,  Maryland,  Virginia,  and  North 
Carolina.  In  Massachusetts,  Rhode  Island,  Connecticut,  and 
several  other  states  there  are  lieutenant  or  deputy  governors. 
In  Delaware,  Maryland,  Virginia,  the  two  Carolinas,  Tennes 
see,  and  Ohio,  the  governor  possesses  no  legislative  power 
whatever  ;  in  Rhode  Island  and  Connecticut  he  has  a  single  voice 
in  the  upper  house ;  in  New  Jersey  he  has  a  casting  voice  in  the 
legislative  council ;  and  in  New  York,  the  chancellor  and  the 
judges  of  the  supreme  court,  or  any  two  of  them,  together  with 
the  governor,  constitute  a  council  for  the  revisal  of  bills  about  to 
be  passed  into  laws,  and  can  prevent  their  enactment  unless  they 
are  repassed  by  two-thirds  of  both  houses  ;  in  all  the  other 
states  (except  Vermont,  for  which  see  §  8,  on  the  opposite  page) 
the  governor  possesses  a  qualified  negative  on  all  bills  passeid 
bv  the  legislature.  The  governor  is  elected  for  four  years  in 
Kentucky  and  Louisiana,  in  the  other  states  from  one  to  three 
years.  In  some  states  he  is,  and  in  others  he  is  not  re-eligible, 
for  a  certain  term. 


48—11.]        POLITICAL  INSTITUTIONS.  9 

The  governor  of  Louisiana  must  visit  the  different  counties 
at  least  once  in  two  years,  to  inform  himself  of  the  state  of  the 
militia,  and  the  general  condition  of  the  country. 

§  8.  In  all  the  states  the  legislative  body  consists  of  two 
branches,  except  in  Vermont,  where  there  is  only  one  house  ; 
the  governor  and  council  however  can  propose  amendments  to 
the  laws  in  that  state,  and  if  these  are  not  agreed  to  by  the  le 
gislature,  can  suspend  their  passage  till  next  session  ;  and  as  both 
the  legislature  and  governor  are  elected  for  only  one  year,  the 
people  are  enabled  to  decide  between  them.  The  larger  body 
of  the  legislature  is  elected  for  two  years  in  South  Carolina  and 
Louisiana  ;  in  the  other  states  they  are  chosen  annually,  except 
ing  in  Connecticut,  where  they  are  chosen  every  six  months. 
The  period  for  which  the  smaller  body  is  chosen  is  from  one  to 
five  years ;  when  chosen  for  more  than  one  year,  a  portion  of 
the  body  is  generally  annually  elected,  their  terms  expiring  by 
rotation.  In  Maryland,  the  senate  is  elected  by  electors,  chosen 
by  the  people  exclusively  for  that  purpose. 

$  9.  In  Rhode  Island,  Connecticut  and  Vermont,  the  judi 
ciary  are  appointed  for  one  year;  in  New  Jersey  and  Ohio  for 
seven.  In  the  other  states  they  hold  their  offices  during  good 
behaviour.  The  justices  of  the  peace  likewise  generally  hold 
their  offices  during  good  behaviour.  Ohio  forms  a  singular  ex 
ception:  there  they  are  elected  by  the  people  for  three  years.  In 
Vermont,  the  members  of  the  executive  council  are  justices  of 
the  peace  for  the  whole  state,  ex  officto. 

§  1O.  The  qualifications  of  electors  are  generally:  being  a 
citizen  of  the  United  States,  one  or  two  years'  residence  in  the 
state,  and  the  payment  of  taxes.  In  a  few  of  the  states,  voters 
are  required  to  be  freeholders  ;  but  the  value  of  the  freehold  is 
generally  small,  and  such  as  is  possessed  by  most  of  the  inhabi 
tants.  The  governor,  legislature,  &c.  in  most  of  the  states,  are 
required  to  be  freeholders. 

§  11,  The  governors  of  New  Hampshire,  Massachusetts, 
Maryland,  Virginia,  and  Vermont,  by  advice  and  consent  of 
council,  and  the  governor  of  Louisiana,  by  advice  and  consent 
of  senate,  appoint  to  most  of  the  state  offices.  In  Pennsylvania 
and  Delaware  the  governors  possess  a  very  extensive,  uncon- 
trouled  patronage.  In  Tennessee  and  Kentucky,  the  county 
courts  appoint  to  the  inferior  offices  in  the  counties  ;  the  other 
offices  are  filled,  in  the  former  state  by  the  legislature,  in  the 
latter  by  the  governor.  In  New-York  there  is  a  council  of  ap 
pointment,  consisting  of  the  governor  and  four  senators  chosen 
by  the  assembly ;  the  governor,  however,  has  only  a  casting  voice 
VOL.  I.  D 


10  HISTORICAL  REGISTER.  [CHAP.  i. 

in  their  appointments.  In  New  Jersey,  the  two  Carolinas,  and 
Georgia,  the  legislature  make  the  principal  appointments. 

§  12.  In  Massachusetts  and  Maryland,  the  declaration  of  a 
belief  in  the  Christian  religion  is  required  as  a  test  of  office.  In 
New  Jersey,  no  protestant  can  be  denied  any  civil  right  on  ac 
count  of  his  religious  principles.  In  Pennsylvania,  and  Tennes 
see,  the  belief  in  a  God,  and  a  future  state  of  rewards  and 
punishments,  is  required  as  a  qualification  for  office.  In  North 
Carolina,  no  person  who  denies  the  divine  authority  of  the  Old  or 
New  Testament  is  capable  of  holding  any  civil  office.  In  the  other 
states  no  religious  test  is  required.  All  the  constitutions  recog 
nize  affirmations  excepting  those  of  Virginia  and  North  Carolina. 

§13.  Ministers  of  the  gospel  are  not  eligible  as  legislators  in 
Maryland,  Virginia,  North  Carolina,  and  Tennessee.  In  South 
Carolina  and  Kentucky,  they  are  not  eligible  either  as  governor 
or  legislator.  In  New-York,  Delaware,  and  Louisiana,  they 
are  not  eligible  to  any  office  whatever. 

$  14.  New  Hampshire,  Massachusetts,  and  Maryland  are 
the  only  states  whose  constitutions  make  provision  for  religious 
establishments.  In  New  Hampshire,  the  legislature  is  em 
powered  to  authorize  the  several  towns,  parishes,  &c.  in  the 
state  to  make  adequate  provision,  at  their  own  expense,  for  the 
support  and  maintenance  of  protestant  ministers  of  the  gospel. 
The  towns  have  the  exclusive  right  of  electing  and  contracting 
with  their  minister ;  but  every  person  residing  in  the  town  is 
bound  by  the  contract,  and  must  contribute  his  share  towards 
his  support,  unless  within  one  month  after  the  vote  of  settle 
ment  he  enters  his  dissent  with  the  town-clerk  against  contribu 
ting.  Minors,  who  come  of  age  after  such  settlement,  inhabi 
tants  absent  at  the  time  of  settlement,  and  persons  moving  into 
the  town,  are  allowed  three  months  after  coming  of  age,  return 
ing,  or  moving  into  the  town,  to  enter  their  dissent.  Persons 
who  change  their  religion  after  the  settlement  of  the  minister 
are  likewise  exempted. 

In  Massachusetts  the  legislature  is  enjoined  to  require  the 
several  towns,  &c.  to  make  suitable  provision,  at  their  own  ex 
pense,  for  public  worship,  and  for  the  maintenance  of  protestant 
ministers,  and  to  enjoin  on  u  all  the  subjects"  an  attendance  on 
the  instructions  of  public  teachers,  if  they  conscientiously  and 
conveniently  can.  The  money  paid  by  each  person  is  to  be  ap 
plied  to  the  support  of  the  teachers  of  his  own  religious  sect ; 
provided  there  be  any  on  whose  instructions  he  attends  ;  other 
wise  it  may  be  applied  to  the  support  of  the  teacher  of  the 
parish  in  which  the  money  is  raised. 

In  Maryland,  the  legislature  may  lay  a  general  and  equal  tax 


*  15—19.]      POLITICAL  INSTITUTIONS.  11 

for  the  support  of  the  Christian  religion  ;  leaving  to  each  indi 
vidual  the  power  to  direct  that  the  money  collected  from  him 
shall  be  paid  over  for  the  support  of  any  particular  place  of 
worship  or  minister,  or  for  the  benefit  of  the  poor  of  his  own 
denomination,  or  the  poor  in  general  of  any  particular  county. 
Every  gift,  sale,  or  devise  of  lands;  ever\  devise  of  goods  and 
chattels  ;  and  every  gift  or  sale  of  goods  and  chattels  to  take 
place  after  the  death  of  the  seller  or  donor,  by  any  individual, 
for  the  support  of  any  place  of  worship  or  minister,  without  the 
consent  of  the  legislature,  is  void,  excepting  land  not  exceeding 
two  acres  for  a  church  or  burial  ground,  which  can  only  be  used 
for  such  purpose. 

$  15.  In  Pennsylvania,  the  legislature  are  enjoined  to  provide 
for  schools  throughout  the  state,  in  such  a  manner  that  the  poor 
may  be  taught  gratis.  In  North  Carolina,  the  legislature  are 
enjoined  to  establish  a  school  or  schools,  with  such  salaries, 
paid  by  the  public,  as  may  enable  the  master  to  instruct  at  low 
prices.  In  New  England,  though  no  provision  is  made  by  the 
constitutions,  there  are  free  schools  in  every  town*,  which  are 
generally  supported  by  a  public  tax,  and  under  the  direction  of 
a  school  committee.  In  Ohio,  one  thirty-sixth  part  of  the  lands 
in  each  township  is  reserved  as  a  fund  for  the  establishment  of 
schools,  and  the  constitution  provides  that  every  association  of 
persons  for  the  support  of  schools  shall  be  entitled  to  letters  of 
incorporation. 

§  16.  Imprisonment  for  debt,  after  the  debtors  have  given 
up  all  their  property  to  their  creditors,  is  forbidden  by  the  con 
stitutions  of  Pennsylvania,  North  Carolina,  Georgia,  Vermont, 
Tennessee,  Kentucky,  and  Ohio. 

§17.  Massachusetts  is  the  only  state  whose  constitution  ap 
points  titles  to  the  officers  of  government.  The  governor  is  enti 
tled  his  excellency,  the  lieutenant-governor  his  honour. 

§18.  The  constitutions  of  New  Hampshire,  Massachusetts, 
Vermont,  North  Carolina,  and  Ohio  recognize  a  right  in  the 
people  to  instruct  their  representatives. 

§  19.  The  constitutions  of  New  Hampshire,  Delaware,  South 
Carolina,  Tennessee,  Kentucky,  Ohio,  and  Louisiana  point  out 
a  mode  for  calling  a  convention  to  alter  or  amend  them.  That 
of  Ohio,  however,  provides  that  no  alteration  shall  ever  take 
place,  so  as  to  introduce  slavery  or  involuntary  servitude  into 
the  state.  In  Delaware,  Maryland,  South  Carolina,  and 
Georgia,  the  legislature  may  pass  a  bill  amending  the  constitu- 

*  In  New  England  the  word  town  is  not  used  in  tire  common  acceptation 
of  the  term,  "  a  collection  of  houses  larger  than  a  village,"  but  signifies  a 
township,  or  the  subdivision  of  a  county. 


12  HISTORICAL  REGISTER.          [CHAP,  i, 

tion,  which,  if  confirmed  at  the  first  session  of  the  next  legisla 
ture,  becomes  a  part  of  the  instrument.  In  Massachusetts  the 
sense  of  the  people  is  directed  to  be  taken  in  the  year  1795,  as 
to  the  propriety  of  calling  a  convention,  but  no  future  provision 
is  made  for  that  purpose.  The  constitution  of  Pennsylvania 
declares  that  the  people  have  at  all  times  a  right  to  alter,  re 
form,  or  abolish  their  government,  in  such  manner  as  they  think 
proper,  but  points  out  no  mode  of  taking  the  sense  of  the  people 
on  the  subject.  The  constitution  of  New  York  contains  no  pro 
vision  for  its  amendment,  but  alterations  have  nevertheless  been 
made.  On  the  6th  of  April,  1801,  the  legislature  passed  an  act 
proposing  to  the  citizens  to  elect  delegates  to  meet  in  convention 
for  amending  some  parts,  and  determining  the  true  construc 
tion  of  other  parts  of  the  constitution.  This  proposition  was 
acted  upon.  The  delegates  met  at  Albany,  on  the  27th  of  Oc 
tober,  and  made  the  alterations,  and  determined  the  construc 
tion,  of  those  parts  of  the  constitution  which  had  been  recom 
mended  to  their  notice  by  the  legislature.  The  constitution  of 
Vermont  provides,  "  in  orderthatthe  freedom  of  this  common 
wealth  may  be  preserved  inviolate  for  ever,"  that  13  persons 
shall  be  elected  by  the  people  once  in  7  years,  "  to  be  called  the 
council  of  censors ;  who  shall  meet  together  on  the  first  Wed 
nesday  in  June  next  ensuing  their  election,  the  majority  of 
whom  shall  be  a  quorum  in  every  case,  except  as  to  calling  a 
convention,  in  which  two-thirds  of  the  whole  number  elected 
shall  agree,  and  whose  duty  it  shall  be  to  enquire,  whether  the 
constitution  lias  been  preserved  inviolate  in  every  part  during 
the  last  septenary  (including  the  year  of  their  service)  ;  and 
whether  the  legislative  and  executive  branches  of  government 
have  performed  their  duty  as  guardians  of  the  people,  or 
assumed  to  themselves,  or  exercised,  other  or  greater  powers 
than  they  are  entitled  to  by  the  constitution* — They  are  also  to 
enquire,  whether  the  public  taxes  have  been  justly  laid  and  col 
lected  in  all  parts  of  this  commonwealth — in  what  manner  the 
public  monies  have  been  disposed  of — and  whether  the  laws 

have  been  duly  executed For  these  purposes  they  shall  have 

power  to  send  for  persons,  papers,  and  records  ;  they  shall  have 
authority  to  pass  public  censures,  to  order  impeachments,  and 
to  recommend  to  the  legislature  the  repealing  such  laws  as  shall 
appear  to  them  to  have  been  passed  contrary  to  the  principles 
of  the  constitution  ;  these  powers  they  shall  continue  to  have  for 
and  during  the  space  of  one  year  from  the  day  of  their  election, 
and  no  longer.  The  said  council  of  censors  shall  also  have 
power  to  call  a  convention,  to  meet  within  two  years  after  their 
sitting,  if  there  appears  to  them  an  absolute  necessity  of  amend- 


^20.]  POLITICAL  INSTITUTIONS.  13 

ing  any  article  of  this  constitution,  which  may  be  defective  ;  ex 
plaining  such  as  may  be  thought  not  clearly  expressed — and  of 
adding  such  as  are  necessary  for  the  preservation  of  the  rights 
and  happiness  of  the  people  ;  but  the  articles  to  be  amended, 
and  the  amendments  proposed,  and  such  articles  as  are  propo 
sed  to  be  added  or  abolished,  shall  be  promulgated  at  least  six 
months  before  the  day  appointed  for  the  election  of  such  con 
vention,  for  the  previous  consideration  of  the  people,  that  they 
may  have  an  opportunity  of  instructing  their  delegates  on  the 
subject." 

In  conclusion  it  may  be  proper  to  observe,  that  each  of  these 
18  states  is  an  independent  sovereignty,  and  as  such  possesses 
every  power  not  expressly  delegated  to  the  general  govern 
ment  by  the  constitution  of  the  United  States. 

§  20.  Besides  the  18  states  there  are  at  present  five  territories 
included  within  the  boundaries  of  the  United  States,  namely, 
Michigan,  Indiana,  Illinois,  Mississippi,  and  Missouri  territo 
ries,  the  latter  a  part  of  the  former  province  of  Louisiana.  By 
the  ordinance  for  the  government  of  the  territory  of  the  United 
States  north-west  of  the  river  Ohio,  passed  by  congress  under 
the  confederation,  which  has  since  been  adapted  to  the  present 
constitution,  and  extended  to  the  other  territories,  two  grades 
of  territorial  government  were  established.  In  the  first  grade, 
to  have  effect  whilst  the  inhabitants  are  IVw  in  number,  the  le- 
.  gislative  power  is  vested  in  a  governor  and  three  judges,  ap 
pointed  by  the  president  of  the  United  States.  In  the  second 
grade,  the  governor  is  still  appointed  by  the  president,  but  one 
branch  of  the  legislature  is  elected  by  the  people.  The  other 
branch  is  appointed  as  follows:  the  representatives  nominate 
ten  persons  (in  Missouri  territory  18),  one  half  of  whom  are  ap 
pointed  by,  the  president  to  serve  5  years,  unless  by  him  sooner 
removed.  The  second  grade  has  likewise  the  privilege  of  send 
ing  a  delegate  to  congress,  who  has  a  right  of  debating,  but  not 
of  voting.  Territories  are  to  be  admitted  to  the  second  grade 
of  government,  as  soon  as  they  contain  5000  free  male  inhabi 
tants,  or  whenever  satisfactory  evidence  shall  be  given  to  the 
governor  that  such  is  the  wish  of  a  majority  of  the  freehold 
ers ;  and  whenever  a  territory  has  60,000  free  inhabitants,  it 
shall  be  admitted  into  the  union,  on  an  equal  fooling  with  the 
other  states,  and,  if  consistent  with  the  general  interest,  before 
that  time.  All  the  territorial  governments  are  within  the  second 
grade,  except  that  of  Michigan. 


14  HISTORICAL  REGISTER.         [CHAS.  w. 

CHAPTER  II. 

OF  THE  GOVERNMENTS  OF  THE  UNION. 

$  1.  New  England  confederacy.  §  2.  Articles  of  confederation.  §  3.  Disso 
lution  §  4.  Albany  plan  of  union.  §  5.  Causes  of  its  failure.  §  6.  Con 
gress  of  1765.  §  7.  Congress  of  1774.  §  8.  Mode  of  election.  §  9.  Pow- 
cis  of  delegates.  §  10.  Their  transactions.  §  11.  Congress  of  1775.  §12. 
Articles  of  confederation.  §  13.  Treaty  of  peace.  $  14.  Inefficacy  of  the 
articles  of  confederation.  §  15.  Convention  at  Annapolis.  $  16.  Conven 
tion  at  Philadelphia.  §  17.  Formation  of  the  federal  constitution. 

§  1.  THE  first  attempt  at  union  among  the  English  colonies, 
was  made  in  New  England,  in  1643,  a  time  when  a  general 
combination  of  the  neighbouring  Indians  against  the  English 
settlements  was  apprehended,  and  symptoms  of  hostility  betray 
ed  by  the  Dutch  at  Manhadoes.  A  sense  of  impending  danger 
suggested  the  policy  of  union,  and  after  mature  deliberation 
articles  of  confederation  were  digested  and  agreed  upon,  and  in 
May,  1643,  conclusively  adopted,  by  the  colonies  of  Massachu 
setts,  Plymouth,  Connecticut,  and  New  Haven.  The  pream 
ble  to  these  articles  is  strikingly  characteristic  both  of  the  times 
and  the  place  where  it  was  written. 

§  2.  "  Whereas  wee  all  came  into  these  parts  of  America 
with  one  and  the  same  end  and  ay  me  namely  to  advaunce  the 
kingdome  of  our  Lord  Jesus  Christ  and  to  enjoy  the  liberties 
the  Gospell  in  puritie  with  peace.  And  whereas  in  our  settleinge 

£y  a  wise  Providence  of  God)  we  are  further  dispersed  upon 
e  Sea  Coasts  and  Riuers  then  was  at  first  intended,  so  that  we 
cannot  according  to  our  desire  with  convenience  communicate 
in  one  Government  and  Junddiccon :  And  whereas  wee  live 
encompassed  with  people  of  seuerall  Nations  and  strang  lan 
guages  which  hereafter  may  proue  injurious  to  vs  or  our  pos- 
teritie.  And  forasmuch  as  the  natiues  have  formerly  com 
mitted  sondry  insolences  and  outrages  vpon  seueral  Plantacons 
of  the  English,  and  have  of  late  combined  themselues  against 
vs.  And  seing  by  reason  of  those  sad  Distraccons  in  England 
which  they  have  heard  of,  and  by  which  they  know  wee  are 
hindred  from  fhat  humble  way  of  seekinge  advise,  or  reapeing 
those  comfortable  fruits  of  protection  which  at  other  tymes  wee 
might  well  expect.  Wee  therefore  doe  conceiue  it  our  boun- 
den  Dutye  without  delay  to  enter  into  a  present  Consotiation 
amongst  our  selues  for  mutuall  help  and  strength  in  all  our 


POLITICAL  INSTITUTIONS.  15 

future  concernments.  That  as  in  Nation  and  Religion  so  in 
other  respects  wee  bee  and  continue  one  according  to  the  tenor 
and  true  meaneing  of  the  ensuing  articles  :  Wherefore  it  is,  fully 
agreed  and  concluded  by  and  betweene  the  parties  or  Juridiccons 
aboue  named  and  they  joyntly  and  seuerally  doe  by  these  pre 
sents  agree  and  conclude  That  they  all  bee  and  henceforth  bee 
called  by  the  name  of  The  United  Colonies  of  New-England" 

This  confederation  entered  into  a  perpetual  league  of  offence 
and  defence,  mutual  advice  and  succour,  upon  all  just  occasions, 
both  for  preserving  and  propagating  the  truth  and  liberties  of  the 
gospel,  and  for  their  mutual  safety. 

Two  commissioners  from  each  of  the  four  colonies  were 
chosen  annually,  for  the  regulation  of  such  affairs  as  concerned 
the  union  generally,  while  each  retained  its  full  sovereignty  in 
other  respects.  No  two  colonies  could  join  in  one  jurisdiction, 
without  the  consent  of  the  whole  ;  and  no  other  colony  could 
be  received  into  the  confederacy,  without  the  like  consent. 

The  charge  of  all  wars  was  to  be  b^rne  by  the  colonies  res 
pectively,  in  proportion  to  the  male  inhabitants  of  each  between 
16  and  6O  years  of  age  ;  each  colony  raising  their  quota  as  they 
pleased. 

On  notice  of  an  invasion  by  three  magistrates  of  any  colony, 
the  confederates  were  immediately  to  furnish  their  respective 
quotas  of  men  "  without  further  meeting  or  expostulation." 
At  the  next  meeting  of  the  commissioners,  however,  the  cause 
of  such  invasion  was  to  be  considered,  and  if  it  should  appeal- 
that  the  fault  lay  in  the  invaded  colony,  such  colony  was  to 
make  just  satisfaction  to  the  invaders,  and  bear  all  the  charges 
of  the  war. 

No  colony  w<as  permitted,  without  the  general  consent,  to 
engage  in  war,  except  in  sudden  and  inevitable  cases. 

Three  -fourths  of  the  commissioners  (six)  possessed  the  pow 
er  of  binding  the  whole.  Any  measure  approved  of  by  a  small 
er  majority  was  to  be  referred  to  the  legislature  of  each  colony, 
and  only  to  be  adopted  if  agreed* to  by  all.  If  on  any  extraor 
dinary  meeting,  their  whole  number  should  not  assemble,  aoy 
four  who  should  meet  were  empowered  to  determine  on  a  war, 
and  to  call  for  the  respective  quotas  of  the  several  colonies  ; 
but  not  less  than  six  could  determine  the  justice  of  the  war,  or 
settle  the  expenses,  or  levy  money  for  its  support. 

Rhode-Island,  at  the  instance  of  Massachusetts,  was  exclud 
ed  from  this  union.  Afterwards,  in  1648,  on  her  petitioning 
to  be  received  as  a  member,  her  request  was  refused,  unless  she 
would  consent  to  be  incorporated  with  Plymouth,  and  thereby 
lose  her  separate  existence.  This  condition  being  deemed  in- 


Ifr  HISTORICAL  REGISTER.  [CHAP,  it, 

admissible,  she  never  was  taken  into  the  confederacy.  The  vi 
gorous  and  prudent  measun-s  pursued  by  the  United  Colonies 
entirely  disconcerted  the  plans  of  the  Indians,  and  preserved  a 
general  peace*. 

§  3.  This  union  remained  in  force  upwards  of  30  years, 
when  u  dissolution  of  the  charters,  and  a  new  arrangement  of 
the  boundaries  of  the  colonies  took  place. 

§  4.  No  other  attempt  at  union  was  made  by  the  colonies, 
until  the  commencement  of  the  troubles  in  America,  previous 
to  the  breaking  out  of  the  French  war  of  1755.  In  the  year 
1754,  the  earl  of  Holdernesse,  the  British  secretary  of  state, 
wrote  a  circular  to  the  governors  of  the  respective  colonies,  or 
dering  them  to  repel  by  force  the  French  encroachments  on 
the  Ohio,  and  recommending  to  them  union  for  their  mutual 
protection  and  defence. 

To  digest  a  plan  for  this  purpose,  a  general  meeting  of  the 
governors,  and  most  influential  members  of  the  provincial  as 
semblies,  was  held  at  Albany.  The  commissioners  at  this  con 
gress  were  unanimously  of  opinion  that  a  union  of  the  colonies 
was  necessary,  and  they  proposed  a  plan  to  the  following  effect : 
That  a  grand  council  should  be  formed  of  members  to  be  cho 
sen  by  the  provincial  assemblies,  which  council  together  with  a 
president-general  to  be  appointed  by  the  crown,  should  be  au 
thorized  to  make  general  laws,  and  also  to  raise  money  from 
all  the  colonies  for  the  general  defence. 

§  5.  The  delegates  from  Connecticut  alone  dissented  from 
this  plan.  Their  sole  objection  to  it  was  founded  on  the  powers 
of  the  president-general,  who,  being  an  officer  appointed  by  the 
crown,  was  deemed  by  that  cautious  people  to  be  invested  by 
the  articles  of  the  union  with  an  authority  dangerous  to  their 
welfare.  The  plan,  for  a  very  different  reason,  was  not  accepta 
ble  to  the  English  ministry,  who,  in  lieu  thereof,  proposed,  that 
the  governors  of  all  the  colonies,  attended  by  one  or  two  mem 
bers  of  their  respective  councils,  should  from  time  to  time  con 
cert  measures  for  the  whole  colonies,  erect  forts,  and  raise 
troops,  with  a  power  to  draw  upon  the  British  treasury  in  the 
first  instance,  the  sums  drawn  to  be  ultimately  reimbursed  by 
a  tax  to  be  laid  on  the  colonies  by  act  of  parliament.  This  plan 
was  as  much  disrelished  in  America  as  the  former  had  been  in 
England,  and  the  union  in  consequence  fell  to  the  groundf. 

*  The  whole  of  the  proceeding's  of  this  first  congress  may  be  found  in  Ha 
zard's  State  Papers,  vol.  2. 

|  "  The  ministerial  plan  laid  down  above  was  transmitted  to  Gov.  Shirley, 
and  by  him  communicated  to  Dr.  Franklin,  and  his  opinion  thereon  request 
ed.  That  sagacious  patriot  sent  to  the  governor  an  answer  in  writing-,  with  r'c- 


$  6—8.]        POLITICAL  INSTITUTIONS.  17 

<§  6.  No  further  steps  were  taken  towards  a  union  of  the  colo 
nies  until  the  year  1 765,  when  a  universal  alarm  was  excited 
throughout  the  country  by  the  passage  of  the  stamp  act  by  the 
British  parliament.  Resolutions  were  passed  by  several  of  the 
legislatures,  asserting  their  exclusive  right  to  tax  their  consti 
tuents.  The  legislature  of  Massachusetts,  contemplating  a  still 
more  solemn  and  effectual  expression  of  the  general  sentiment, 
recommended  that  a  congress  of  delegates  from  all  the  colonial 
assemblies  should  meet  at  New  York  on  the  first  Tuesday  in 
October,  and  addressed  circular  letters  to  the  different  colonial 
assemblies  to  that  effect. 

At  the  appointed  time  and  place  commissioners  met  from  the 
legislatures  of  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  the  three  lower  counties  on 
the  Delaware,  Maryland,  and  South  Carolina.  The  measures 
adopted  by  this  congress  were,  a  declaration  of  the  rights  and 
grievances  of  the  colonists  ;  and  a  petition  to  the  king,  together 
with  a  memorial  to  each  house  of  parliament.  They  likewise 
recommended  that  the  several  colonies  should  appoint  special 
agents,  who  should  unite  their  utmost  endeavours  to  obtain  a 
redress  of  grievances.  This  done,  they  adjourned. 

§  7.  On  the  passage  of  the  Boston  port  bill,  in  1774,  resolu 
tions  were  passed  by  the  legislatures  of  Virginia  and  Massachu 
setts,  and  by  town-meetings  in  New  York  and  Boston,  recom 
mending  that  a  congress  should  meet  annually,  to  deliberate  on 
those  general  measures  which  the  united  interests  of  America 
should  from  time  to  time  render  necessary.  This  measure  was 
adopted  by  all  the  colonies  excepting  that  of  Georgia.  The 
committees  of  correspondence  selected  Philadelphia  for  the 
place  of  meeting,  and  agreed  that  it  should  take  place  in  the  be 
ginning  of  September. 

The  delegates  accordingly  met  at  Philadelphia,  on  the  4th  of 
September,  1774,  and  the  next  day  they  convened  at  the  Carpen 
ter's  Hall,  when  Peyton  Randolph,  late  speaker  of  the  house  of 
burgesses  of  Virginia,  was  unanimously  chosen  president. 

§  8.  The  members  of  this  congress  were  generally  elected  by 
the  colonial  legislatures  ;  but  in  some  instances  a  different  sys 
tem  was  pursued.  In  New  Jersey  and  Maryland  the  elections 
were  made  by  committees  chosen  in  the  several  counties  for  that 
particular  purpose ;  and  in  New  York,  where  the  royal  party 
was  very  strong,  the  people  themselves  assembled  in  those 

marks  on  the  proposed  plan,  in  which,  by  his  strong  reasoning  powers,  on  the 
first  view  of  the  new  subject,  he  anticipated  the  substance  of  a  controversy 
which  for  twenty  years  employed  the  tongues,  pens,  and  swords  of  both  coun- 
tries."  Ramsay's  History  of  the  American  Revolution* 

VOL.  I.  E 


IS  HISTORICAL  REGISTER.          [CHAP.  11. 

places  where  the  spirit  of  opposition  to  the  claims  of  parliament 
prevailed,  and  elected  delegates,  who  were  very  readily  received 
into  congress. 

§  9.  The  powers  with  which  the  delegates  were  invested  were 
of  various  extent.  Most  generally  they  were  authorized  to  con 
sult  and  advise  on  the  means  most  proper  to  secure  the  liberties 
of  the  colonies,  and  to  restore  the  harmony  formerly  subsisting 
between  them  and  the  mother  country.  In  some  instances  the 
powers  given  appeared  to  contemplate  only  such  measures  as 
would  operate  on  the  commercial  connexion  between  the  two 
countries ;  in  others  the  discretion  of  the  delegates  was  unli 
mited. 

§  10.  After  considerable  discussion,  it  being  found  impossi 
ble  to  fix  the  comparative  weight  of  each  province,  from  the 
want  of  proper  materials,  it  was  agreed  that  each  colony  should 
have  only  one  vote,  whatever  should  be  the  number  of  its 
delegates.  It  was  also  agreed  that  their  proceedings,  except 
such  as  they  might  determine  to  publish,  should  be  kept  inviola 
bly  secret. 

The  most  important  business  transacted  this  session  was  the 
passing  a  declaration  of  rights,  a  petition  to  the  king,  an  address 
to  the  people  of  Great  Britain,  and  an  address  to  the  other  colo 
nies,  inviting  them  to  unite  with  their  brethren  in  the  common 
cause.  Having  completed  the  business  before  them,  and  recom 
mended  that  another  congress  should  be  held  in  Philadelphia, 
on  the  10th  day  of  the  succeeding  May,  the  house  dissolved 
itself. 

§11.  Delegates  for  a  new  congress  being  chosen  pursuant  to 
the  recommendation  of  the  last,  they  met  at  the  time  appointed, 
the  10th  of  May,  at  Philadelphia.  Among  their  first  measures 
was  a  resolution  for  raising  an  army.  Totally  devoid  of  money 
and  revenue,  congress  were  forced  to  adopt  a  hazardous  expe 
dient,  the  only  one,  however,  in  their  power,  for  supporting  an 
army,  the  emission  of  paper  money.  A  resolution  was  passed 
for  emitting  a  sum  not  exceeding  two  millions  of  Spanish  milled 
dollars  in  bills  of  credit,  and  the  colonies  were  pledged  for  their 
redemption. 

§  12.  The  following  year,  1776,  is  a  memorable  era  in  the 
history  of  America.  On  the  4th  of  July,  independence  was  de 
clared,  a  measure  which  rendered  necessary  the  formation  of 
new  forms  of  government,  for  the  union  as  well  as  for  the 
respective  states.  A  committee  of  congress  had  been  appointed 
for  digesting  articles  of  confederation  between  the  united  colo 
nies,  some  weeks  previous  to  the  adoption  of  the  declaration 
of  independence.  Many  difficult  questions  occurred  in  settling 


}  12.]  POLITICAL  INSTITUTIONS.  19 

a  frame  of  government,  among  the  principal  of  which  may  be 
enumerated  the  fixing  the  ratio  of  contributions  from  the  states, 
and  their  relative  representation  in  vhe  general  legislature.  The 
value  of  lands  was  at  last  fixed  upon  as  the  ratio  for  contribu 
tions.  That  the  states  should  be  represented  in  proportion  to 
their  importance  was  contended  for  by  those  who  had  extensive 
territory,  but  those  whose  dimensions  were  small  replied,  that 
the  states  confederated  as  individuals  in  a  state  of  nature,  and 
should  therefore  have  equal  votes.  From  fear  of  weakening 
their  exertions  against  the  common  enemy,  the  large  states 
yielded  the  point,  and  consented  that  each  should  have  an  equal 
suffrage.  The  articles  of  confederation  were  not  agreed  upon 
by  congress  until  the  9th  of  July,  1778,  having  been  upwards  of 
two  years  in  discussion,  nor  were  they  fully  ratified  until  the  1st 
of  March,  1781. 

By  these  articles  the  states  were  prohibited  from  forming  any 
other  confederation  or  alliance  ;  from  laying  any  imposts  or  du 
ties  that  might  interfere  with  treaties  made  by  congress  ;  from 
keeping  up  vessels  of  war,  or  regular  land  forces,  in  time  of 
peace,  without  the  consent  of  congress  ;  from  engaging  in  war, 
unless  in  case  of  actual  invasion,  or  the  danger  of  invasion  from 
Indians  being  so  imminent  as  not  to  admit  of  a  delay  till  congress 
could  be  consulted.  The  states  were  to  have  the  appointment 
of  all  officers  u of  or  under  the  rank  of  colonel"  in  land  forces 
raised  by  them  for  the  common  defence. 

Delegates  were  to  be  annually  appointed  by  congress,  in  such 
manner  as  the  legislature  of  each  state  should  direct ;  no  state 
to  send  less  than  two,  nor  more  than  seven  ;  each  state  to  main 
tain  its  own  ;  and,  whatever  might  be  its  number  of  delegates, 
to  have  only  one  vote. 

Congress  was  invested  with  the  sole  and  exclusive  right  o£ 
determining  on  peace  or  war  ;  of  sending  and  receiving  ambas 
sadors  ;  of  entering  into  treaties  and  alliances ;  and  of  establish 
ing  courts  of  admiralty.  It  was  likewise  to  be  the  last  resort  on 
appeal  in  all  disputes  between  two  or  more  states ;  to  have  the 
sole  and  exclusive  right  of  regulating  the  alloy  and  value  of 
coin,  struck  by  their  own  authority,  or  by  that  of  the  respective 
states;  of  fixing  the  standard  of  weights  and  measures;  of  re 
gulating  the  trade  and  managing  all  affairs  with  the  Indians ;  of 
establishing  and  regulating  post-offices;  of  appointing  all  the 
officers  of  the  naval  forces,  and  all  officers  in  the  land  forces  in 
the  service  of  the  United  States,  except  regimental  officers  ;  and 
of  establishing  rules  for  the  government,  and  directing  the  ope 
rations^  both  of  the  land  and  naval  forces.  Congress  was  invest 
ed  with  no  powers  over  individuals,  but  only  over  states  in  their 


20  HISTORICAL  REGISTER.         [CHAP.  11. 

corporate  capacity.  Neither  had  ii  the  power  to  regulate  trade, 
or  to  derive  a  revenue  from  it.  The  land  forces  of  the  United 
States  were  to  be  raised  by  requisitions  on  the  states  for  their 
quota  of  men,  in  proportion  to  the  number  of  their  white 
inhabitants. 

A  number  of  the  most  important  of  these  powers,  such  as 
declaring  war,  forming  treaties,  coining  or  borrowing  money, 
&c.  could  only  be  used  by  consent  of  the  delegates  of  nine 
states ;  and  no  other  question,  except  for  adjourning  from  day 
to  day,  could  be  determined  except  by  the  votes  of  a  majority 
of  the  states. 

A  committee  of  congress,  denominated  A  Committee  of  the 
States,  consisting  of  one  delegate  from  each  state,  sat  during  the 
recess,  vested  with  certain  powers  by  congress. 

No  alteration  was  to  be  made  in  the  articles  of  confederation 
without  the  consent  of  congress,  to  be  afterwards  confirmed  by 
the  legislatures  of  every  state. 

§  13.  By  this  government,  imbecile  and  inefficient  as  it  pro 
ved  to  be,  was  the  revolutionary  war  brought  to  a  close,  by  a 
preliminary  treaty  agreed  to  on  the  20th  of  January,  1783,  which 
was  followed  by  a  definitive  treaty  on  the  3d  of  September  of 
the  same  year. 

§  14.  The  glorious  termination  of  the  struggle  for  indepen 
dence  by  an  honourable  peace,  diffused  throughout  the  United 
States  the  most  heartfelt  joy.  But  it  was  soon  perceived  that 
something  was  yet  wanting  to  realize  the  public  and  private 
prosperity  expected  to  follow  from  the  blessings  of  self-govern 
ment.  The  necessity  of  conferring  on  the  general  government 
more  ample  powers,  powers  which  might  be  competent  to  its 
preservation,  and  which  would  enable  it  to  comply  with  the  en 
gagements  it  had  entered  into,  became  every  day  more  ap 
parent. 

Many  causes  concurred  at  this  time  to  prepare  the  public 
mind  for  some  great  and  radical  change  in  the  political  system. 
The  debts  of  the  union  amounted,  on  the  1st  of  January,  1783, 
to  nearly  forty  millions  of  dollars,  for  the  payment  of  the  princi 
pal,  or  even  the  interest,  of  which,  congress  possessed  no  funds, 
and  could  acquire  none,  without  the  consent  of  thirteen  inde 
pendent  sovereignties. 

But  the  principal  cause  which  brought  about  the  establish 
ment  of  a  new  system  of  government  was  the  restrictions  of 
foreign  nations  upon  the  trade  of  the  United  States.  The  ne 
cessity  of  opposing  these  restrictions  by  countervailing  regula 
tions  was  sufficiently  evident ;  but  to  render  success  even  pro 
bable,  it  was  absolutely  necessary  that  the  power  of  regulating 


9 15.]  POLITICAL  INSTITUTIONS.  21 

commerce  should  reside  in  a  single  legislature.  That  thirteen 
independent  sovereignties,  jealous  of  each  other,  could  be  indu 
ced  to  concur  for  any  length  of  time  in  measures  capable  of  pro 
ducing  the  desirtd  effect,  few  were  so  sanguine  as  to  hope. 

Congress,  mean  while,  was  unremitting  in  its  endeavours  to 
form  commercial  treaties  in  Europe,  and  particularly  with  Great 
Britain,  but  all  its  efforts  were  unsuccessful.  As  the  govern 
ment  of  the  United  States  was  considered  unable  to  secure  the 
observance  of  any  general,  commercial  regulations,  foreign  go 
vernments  declined  entering  into  stipulations  which  they  aver 
red  could  not  be  of  reciprocal  obligation. 

The  restrictions  under  which  commerce  laboured  was  pro 
ductive  of  serious  evils  to  the  mercantile  interest ;  the  mer 
chants  found  themselves  incapable  of  contending  even  in  their 
own  ports  with  foreigners.  A  meeting  being  held  of  the  mer 
chants  of  Philadelphia,  to  consider  the  present  state  of  affairs,  a 
memorial  was  addressed  by  them  to  the  legislature,  praying 
that  they  would  endeavour  to  procure  from  congress  a  recom 
mendation  to  the  several  states  to  vest  in  that  body  the  necessary 
powers  over  the  commerce  of  the  United  States.  Similar  ap 
plications  were  made  by  the  merchants  of  Boston  and  other 
commercial  towns. 

§  15.  Meanwhile  an  event  took  place,  which,  though  origina 
ting  in  different  views,  terminated  in  a  proposition  for  a  general 
convention  to  revise  the  articles  of  confederation.  The  states 
of  Virginia  and  Maryland  appointed  commissioners  for  the  pur 
pose  of  forming  a  compact  relative  to  the  navigation  of  the  Po- 
towmac  and  Pocomoke,  and  part  of  the  Chesapeake  bay,  who 
met  at  Alexandria  in  March,  1785.  In  the  course  of  their  pro 
ceedings,  they  agreed  to  propose  to  their  respective  govern 
ments  the  appointment  of  other  commissioners,  with  power  to 
make  arrangements,  for  which  the  assent  of  congress  was  to  be 
solicited,  for  maintaining  a  naval  force  in  the  Chesapeake.  The 
commissioners  were  also  to  be  empowered  to  establish  a  tariff  of 
duties  on  imports,  to  which  the  laws  of  both  states  should  con 
form.  These  propositions  received  the  assent  of  the  legisla 
ture  of  Virginia,  and  an  additional  resolution  was  passed,  direct 
ing  the  proposition  which  respected  the  duties  on  imports  to  be 
communicated  to  all  the  states  in  the  union,  who  were  invited 
to  send  deputies  to  the  meeting. 

On  the  21st  of  January,  1786,  a  few  days  after  the  passage  of 
these  resolutions,  another  was  adopted,  appointing  commission 
ers,  <l  who  were  to  meet  such  as  might  be  appointed  by  the 
other  states  in  the  union,  at  a  time  and  place  to  be  agreed  on,  to 
take  into  consideration  the  trade  of  the  United  States ;  to 


22  HISTORICAL  REGISTER.         [CHAP.  n. 

examine  the  relative  situation  and  trade  of  the  said  states  ;  to 
consider  how  far  a  uniform  system  in  their  commercial  rr lations 
may  be  necessary  to  their  common  interest,  and  their  permanent 
harmony  ;  and  to  report  to  the  several  states  such  an  act  relative 
to  this  great  object,  as,  when  unanimously  ratified  by  them, 
will  enable  the  United  States  in  congress  assembled,  effectually 
to  provide  for  the  same." 

In  consequence  of  these  resolutions,  commissioners  from  the 
states  of  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  and  Virginia  met  at  -Annapolis,  in  Maryland,  in 
September,  1786.  It  was  soon  perceived  that  powers  much 
more  ample  than  had  been  confided  to  them  would  be  requisite 
to  enable  them  to  effect  the  beneficial  purposes  they  contemplat 
ed.  For  this  reason,  as  well  as  in  consideration  of  the  small 
number  of  states  which  were  represented,  the  convention  rose 
without  coming  to  any  specific  resolutions  on  the  particular 
subject  which  had  been  referred  to  them,  Previous  to  their 
adjournment,  however,  they  agreed  on  a  report  to  be  made  to 
their  respective  states,  in  which  was  represented  the  necessity  of 
extending  the  revision  of  the  federal  system  to  all  its  defects,  and 
in  which  they  recommended  that  deputies  for  that  purpose  be 
appointed  by  the  several  legislatures,  to  meet  in  convention  at 
Philadelphia,  on  the  2d  of  May  ensuing.  On  the  receipt  of 
this  report,  the  legislature  of  Virginia  passed  an  act  for  the  ap 
pointment  of  deputies  on  the  part  of  that  state. 

§16.  The  legislature  of  New  York  shortly  after  instructed 
its  delegation  in  congress,  to  move  a  resolution  recommending 
to  the  several  states  to  appoint  deputies  to  meet  in  convention 
for  the  purpose  of  revising  and  proposing  amendments  to  the 
articles  of  confederation.  On  the  21st  of  February,  1787,  the 
subject  was  acted  upon  in  congress,  and  it  was  declared  "  to  be 
expedient,  that  on  the  second  Monday  of  May  next,  a  conven 
tion  of  delegates,  who  shall  have  been  appointed  by  the  several 
states,  be  held  at  Philadelphia,  for  the  sole  and  express  purpose 
of  revising  the  articles  of  confederation,  and  reporting  to  con 
gress  and  the  several  legislatures  such  alterations  and  provisions 
therein,  as  shall,  when  agreed  to  in  congress  and  confirmed  by 
the  states,  render  the  federal  constitution  adequate  to  the  exigen 
cies  of  government,  and  the  preservation  of  the  union." 

§  17.  Agreeably  to  this  resolution,  deputies  from  all  the  states 
except  Rhode  Island  met  at  Philadelphia  at  the  time  appointed. 
On  the  1 7th  of  September  following  they  closed  their  labours, 
by  the  completion  of  our  present  happy  constitution.  By  a 
resolution  of  the  convention,  the  new  constitution  was  directed 
to  be  laid  before  congress,  and  it  was  recommended  that  i$ 


§17.]  POLITICAL  INSTITUTIONS.  23 

should  afterwards  be  submitted  to  a  convention  of  delegates 
chosen  in  each  state  by  the  people,  under  the  recommendation 
of  their  respective  legislatures,  for  their  assent  and  ratification. 
It  was  also  recommended  that  as  soon  as  the  conventions  of  nine 
states  should  have  ratified  the  constitution,  it  should  be  carried 
into  operation.  The  institutions  of  the  old  government  were 
to  be  continued  till  congress  could  complete  the  arrangements 
of  the  new. 

The  following  year,  1788,  the  constitution  was  ratified  by  the 
conventions  of  all  the  states  excepting  Rhode  Island  and  North 
Carolina,  which,  however,  shortly  after  acceded  to  the  union, 
and  measures  were  taken  for  bringing  it  into  operation  on  the 
4th  of  March,  1789. 


CHAPTER  III. 

OF    THE    FEDERAL    CONSTITUTION. 

$  1.  General  view  of  the  constitution.  §  2.  Compared  with  the  articles 
of  confederation.  §  3.  Prohibitions  on  the  state  governments.  §  4.  The 
president  and  vice-president.  §5.  Mode  of  their  election.  §6.  Their 
qualifications.  §  7.  Term  of  election.  §  8.  Salary.  §  9.  Powers  and 
duties  of  the  president.  §  10.  Provision  for  vacancy.  §  11.  Executive 
departments.  §  12.  Department  of  state.  §  13.  Salaries.  /§  14.  Duties. 
§  15.  Patent  office.  §  16.  Treasury  department.  §  17.  Salary  of  the 
secretary,  &c.  §  18.  Duties.  §  19.  Mitigating  powers.  §20.  Salaries 
in  the  comptrollers  office.  §  21.  Duties.  §  22.  Salaries  in  the 
auditor's  office.  §  23.  Duties.  §  24.  Salaries  in  the  treasurer's  office. 
§  25.  Duties.  §  26  Salaries  in  the  register's  office.  §  27.  Duties. 
§28.  Salaries  in  the  office  of  the  commissioner  of  the  general  land 
office.  §  29.  Duties.  §  30.  Salaries  in  the  commissioner  of  the 
revenue's  office.  §31.  Duties.  §32.  War  department.  §33.  Sala 
ries.  §  34,  Duties.  §  35.  Navy  department.  §  36.  Salaries.  §  37 
Duties.  §  38.  Vacancies  in  the  departments. 

§  1.  THE  federal  constitution  may  be  regarded  as  articles  of  a 
perpetual  convention  between  eighteen  independent  states,  for 
the  transaction,  by  one  head,  of  all  their  concerns  with  foreign 
nations,  and  for  the  regulation  of  a  few  internal  concerns,  which 
it  had  been  found  by  experience  would  be  for  their  mutual  ad 
vantage  to  have  conducted  in  a  uniform  manner,  such  as  the  es 
tablishment  of  post-offices  and  post  roads,  the  coming  and  regu 
lating  the  value  of  money,  and  the  granting  to  authors  and  in 
ventors  the  exclusive  right  within  all  the  states  to  their  writings 
and  discoveries.  To. enable  this  head  to  execute  those  affairs, 
powers  have  been  granted  to  raise  a  revenue  on  certain  articles 


24  HISTORICAL  REGISTER.        [CHAP.  in. 

within  the  dominions  of  every  member  of  the  confederacy,  in 
some  cases  exclusively,  as  on  imports  and  postage  of  letters  ;  in 
others  in  common  with  the  governments  of  the  states,  as  direct 
taxes  and  internal  duties.  Judicial  powers  for  certain  stated 
purposes  have  also  been  granted  to  the  general  government. 

These  powers  are  not  vested  in  any  individual,  or  set  of  in 
dividuals  ;  neither  are  they  vested  in  any  particular  state.  All 
the  affairs  of  the  confederacy  are  managed  by  deputies  delegated 
for  that  purpose  for  stated  times,  some  by  the  governments,  and 
others  by  the  individual  members  of  the  different  states  which 
form  the  union. 

The  head,  or  general  government,  is  bound  to  confine  its  at 
tention  solely  to  the  transaction  of  the  affairs  for  which  it  was 
instituted,  leaving  all  other  state  concerns  to  the  management  of 
the  individual  members,  who,  on  their  part,  are  bound  likewise 
not  to  interfere  in  the  management  of  the  concerns  which  have 
been  deputed  to  the  general  government.  In  order  to  draw  a 
clear  line  of  distinction  between  the  duties  of  the  respective  go 
vernments,  a  constitution,  or  articles  of  agreement,  has  been 
drawn  up,  to  which  the  states  have  unanimously  consented,  but 
which  may  be  amended  or  altered  by  consent  of  three-fourths  of 
the  confederacy. 

§  2.  "  The  fundamental  distinction,"  says  Ramsay,  in  his 
History  of  the  American  Revolution,  "  between  the  articles  of 
confederation  and  the  new  constitution,  lies  in  this  :  the  former 
acted  only  on  states,  the  latter  on  individuals  ;  the  former  could 
neither  raise  men  nor  money  by  its  own  authority,  but  lay  at  the 
discretion  of  thirteen  different  legislatures,  and  without  their 
unanimous  concurrence  was  unable  to  provide  for  the  public 
safety,  or  for  the  payment  of  the  national  debt.  The  experience 
of  several  years  had  proved  the  impossibility  of  a  government 
answering  the  ends  of  its  institution,  which  was  dependent  on 
others  for  the  means  necessary  for  attaining  these  ends.  By 
the  new  constitution,  one  legislative,  executive,  and  judicial 
power  pervades  the  whole  union.  This  ensures  an  uniform  ob 
servance  of  treaties,  and  gives  a  stability  to  the  general  govern 
ment,  which  never  could  be  attained  while  the  acts  and  requisi 
tions  of  congress  were  subject  to  the  revision  of  thirteen  legisla 
tures,  and  while  thirteen  distinct  and  unconnected  judiciaries  had 
a  constitutional  right  to  decide  on  the  same  subject.  The  peo 
ple  of  the  United  States  gave  no  new  powers  to  their  rulers,  but 
made  a  more  judicious  arrangement  of  what  they  had  formerly 
ceded.  They  enlarged  the  powers  of  the  general  government, 
not  by  taking  from  the  people,  but  from  the  state  legislatures." 


$  3—5.]          POLITICAL  INSTITUTIONS.  25 

§  3.  The  constitution  provides  that  "  no  state  shall  enter  into 
any  treaty,  alliance,  or  confederation  ;  grant  letters  of  marque 
and  reprisal;  coin  money  ;  emit  bills  of  credit;  make  any  thing 
but  gold  and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any 
bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obliga 
tion  of  contracts,  or  grant  any  title  of  nobility. 

"  No  state  shall,  without  the  consent  of  congress,  lay  any  im 
posts  or  duties  on  imports  or  exports,  except  what  may  be  abso 
lutely  necessary  for  executing  its  inspection  laws  ;  and  the  net 
produce  of  all  duties  and  imposts  laid  by  any  state  on  imports 
or  exports,  shall  be  for  the  use  of  the  treasury  of  the  United 
States  ;  and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  congress.  No  state  shall,  without  the  consent  of 
congress,  lay  any  duty  on  tonnage,  keep  troops,  or  ships  of  war, 
in  time  of  peace,  enter  into  any  agreement  or  compact  with 
another  state,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not  admit 
of  delay." 

§  4.  At  the  head  of  the  executive  branch  of  the  federal  go 
vernment  is  placed  the  president,  who,  together  with  the  vice- 
president,  is  elected  as  follows  : 

§  5.  Each  state  appoints,  in  such  manner  as  its  legislature 
may  direct1*,  a  iiumber  of  electors  equal  to  the  whole  number  of 
senators  and  representatives  which  that  state  sends  to  congress, 
according  to  the  existing  apportionment.  The  appointment  or 
election  of  electors  must  take  place  within  34  days  preceding 
the  first  Wednesday  in  December  previous  to  the  expiration  of 
the  term  for  which  the  former  president  was  elected,  on  which 
first  Wednesday  the  electors  must  meet  and  give  their  votes  at 
such  place  in  each  state  as  its  legislature  shall  direct.  The  votes 
must  be  by  ballot,  and  must  state  distinctly  the  persons  voted 
for  as  president  and  vice-president,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  state  with  the  electors.  After 
voting,  the  electors  must  make  out  and  sign  three  certificates  of 
all  the  votes  by  them  given,  and  annex  to  each  a  list  of  their 
Rames,  certified  by  the  executive  of  the  state.  They  must  then 

*  The  electors  are  variously  chosen  in  the  different  states :  in  some  the  state 
Is  divided  into  election  districts  for  the  purpose  ;  in  others  they  are  elected  by  a 
general  ticket ;  and  in  some  of  the  states  they  are  chosen  by  the  legislature, 
In  the  2d  session  of  the  12th  congress,  resolutions  were  submitted  to  both  houses 
proposing  an  amendment  to  the  constitution,  providing  that  each  state  should 
be  divided  by  its  legislature  into  a  number  of  districts  equal  to  the  number  of 
electors  to  which  it  might  be  entitled,  which  should  not  be  altered  unless  a  nevsr 
apportionment  should  alter  the  number  of  electors  for  the  state.  This  resolu 
tion  passed  in  the  senate,,  but  no  order  was  taken  upon  it  in  the  house  of  repre 
sentatives. 

VOL.  T.  F 


26  HISTORICAL  REGISTER.       [CHAP.  in. 

seal  up  the  certificates,  certifying  on  each  that  it  contains  a  list 
of  the  votes  of  the  state  of  — +—  for  president  and  vice-presi 
dent,  for  ward  two  of  them  to  the  president  of  the  senate,  one  forth 
with  by  the  post-office,  the  other  by  a  person  appointed  to  take 
charge  of  and  deliver  it,  by  a  writing  under  the  hands  of  a  ma 
jority  of  them  ;  the  third  certificate  they  must  cause  forthwith 
to  be  delivered  to  the  judge  of  the  district  in  which  they  assem 
ble.  In  case  of  the  absence  of  the  president  of  the  senate  from 
the  seat  of  government  on  the  arrival  of  the  certificates,  they 
must  be  delivered  into  the  office  -of  the  secretary  of  state,  there 
to  be  safely  kept,  and  delivered  over  as  soon  as  may  be  to  the 
president  of  the  senate.  The  messenger  employed  by  the  elec 
tors  is  allowed  by  the  general  government  25  cents  for  every 
mile  from  the  place  of  meeting  of  the  electors  to  the  city  of 
Washington.  If  a  list  of  the  votes  from  any  state  shall  not  have 
been  received  at  the  seat  of  government  on  the  first  Wednesday 
in  January  following  the  election,  the  secretary  of  state  must 
send  a  special  messenger  to  the  district  judge  for  the  list  which 
had  been  lodged  with  him. 

Congress  must  always  be  in  session  on  the  second  Wednes 
day  in  February  succeeding  the  meeting  of  the  electors,  on 
which  day  the  president  of  the  senate,  in  the  presence  of  the 
senate  and  house  of  representatives,  opens  all  the  certificates 
that  have  been  received,  and  the  votes  are  then  counted  : 
the  person  having  the  greatest  number  of  votes  for  president 
being  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  ;  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  or  those  voted  for  as  president,  the  house  of  represen 
tatives  immediately  choose  the  president,  by  ballot.  In 
making  this  choice  the  votes  are  taken  by  states,  the  repre 
sentation  from  each  state  having  one  vote  ;  a  quorum  for  this 
purpose  consists  of  a  member  or  members  from  two-thirds 
of  the  states,  and  a  majority  of  all  the  states  is  necessary 
to  a  choice.  If  the  house  of  representatives  do  not  choose  a 
president,  when  the  right  of  choice  shall  devolve  upon  them, 
before  the  following  4th  of  March,  the  vice-president  then 
acts  as  president,  as  in  the  case  of  the  death  or  other  constitu 
tional  disability  of  the  president.  If  no  person  have  a  majority 
of  the  whole  of  the  votes  for  vice-president,  the  senate 
choose  that  officer  from  the  two  highest  numbers  on  the  list :  a 
quorum  for  that  purpose  consists  of  two-thirds  of  the  whole 
number  of  senators,  and  a  majority  of  the  whole  number  is 
necessary  to  a  choice. 


$  6—9.]         POLITICAL  INST  TUTIONS.  37 

§  6.  No  person  except  a  natural-bor^n  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  the  constitution,  is 
eligible  to  either  of  the  offices  of  president  or  vice-president. 
These  officers  must  likewise  be  35  yeprs  of  age,  and  have  resid 
ed  14  years  within  the  United  States. 

§  7.  The  term  for  which  the  president  and  vice-president  is 
elected  is  four  years. 

$  8.  The  salary  of  the  president,  which  cannot  be  increased  or 
diminished  during  the  period  for  which  he  is  elected,  is  25,OOO 
dollars  per  annum,  with  the  use  of  the  furniture  and  other  ef 
fects  in  the  president's  house  ;  that  of  the  vice-president  is  5000 
dollars  per  annum  ;  both  payable  quarterly,  at  the  treasury. 

§  9.  The  president  is  commander  in  chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  several 
states,  when  called  into  the  actual  service  of  the  United  States. 
He  may  require  the  opinion,  in  writing,  of  the  principal  officers 
in  each  of  the  executive  departments,  upon  any  subject  relating 
to  the  duties  of  their  respective  offices  :  and  he  may  grant  re 
prieves  and  pardons,  for  offences  against  the  United  States,  ex 
cept  in  cases  of  impeachment. 

By  and  with  the  advice  and  consent  of  the  senate,  he  may 
make  treaties,  provided  two-thirds  of  the  senators  present  con 
cur  ;  and  nominate,  and,  by  and  with  the  advice  and  consent  of 
the  senate,  appoint  ambassadors,  other  public  ministers,  and  con 
suls,  judges  of  the  federal  courts,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  otherwise  provided 
for,  and  which  shall  be  established  by  law.  But  the  congress 
may,  by  law,  vest  the  appointment  of  such  inferior  officers,  as 
they  think  proper,  in  the  president  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments.  All  the  officers  of  the  United 
States  are  commissioned  by  the  president. 

The  president  is  authorized  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  senate,  by  granting  commissions, 
which  expire  at  the  end  of  their  next  session. 

It  is  the  duty  of  the  president,  from  time  to  time,  to  lay  be 
fore  congress  information  of  the  state  of  the  union  ;  and  to  re- 
commend  to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient.  He  may,  on  extraordinary  occasions, 
convene  both  houses  or  either  of  them  ;  and,  in  case  of  disagree 
ment  between  them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  proper.  He  re 
ceives  ambassadors  and  other  public  ministers. 

It  is  also  the  duty  of  the  president  to  take  care  that  the  laws 
be  faithfully  executed;  and  whenever,  from  the  prevalence  of 
contagious  sickness,  or  the  existence  of  other  circumstances,  it 


28  HISTORICAL  REGISTER.       [CHAP.  in. 

would,  in  the  opinion  of  the  president,  be  hazardous  to  the  lives 
or  health  of  the  members  to  meet  at  the  place  to  which  the  con 
gress  then  stand  adjourned,  or  at  which  it  shall  be  next  by 
law  to  meet,  the  president  is  authorized  to  convene  them  by  pro 
clamation,  at  such  other  place  as  he  may  judge  proper. 

§  10.  In  case  of  the  removal  of  the  president  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  its  powers  and 
duties,  the  vice-president  shall  act  as  president ;  and  in  case  of 
removal,  &c.  both  of  the  president  and  vice-president,  the  pre 
sident  of  the  senate  pro  tempore,  and  in  case  there  shall  be  no 
president  of  the  senate,  then  the  speaker  of  the  house  of  repre 
sentatives,  for  the  time  being,  shall  act  as  president,  until  the 
disability  be  removed  or  a  president  shall  be  elected. 

Whenever  the  offices  of  president  and  vice-president  shall 
both  become  vacant,  the  secretary  of  state  shall  forthwith  cause 
a  notification  thereof  to  be  made  to  the  executive  of  every  state, 
and  shall  also  cause  the  same  to  be  published  in  at  least  one  of 
the  newspapers  printed  in  each  state,  specifying  that  electors  of 
the  president  of  the  United  States  shall  be  appointed  or  chosen 
in  the  several  states  within  thirty-four  days  preceding  the  first 
Wednesday  in  December  then  next  ensuing,  provided  there  be 
the  space  of  two  months  between  the  date  of  such  notification 
and  the  said  first  Wednesday  in  December  ;  but  if  there  shall 
not  be  the  space  of  two  months,  and  if  the  term  for  which  the 
president  and  vice-president  last  in  office  were  elected  shall  not 
expire  on  the  3d  day  of  March  next  ensuing,  then  the  secretary 
of  state  shall  specify  in  the  notification  that  the  electors  shall  be 
appointed  or  chosen  within  thirty-four  days  preceding  the  first 
Wednesday  in  December  in  the  year  next  ensuing,  within 
which  time  the  electors  shall  accordingly  be  appointed  or  cho 
sen,  and  the  electors  shall  meet  and  give  their  votes  on  the  first 
Wednesday  in  December,  in  the  manner  above  mentioned. 

The  only  evidence  of  a  refusal  to  accept,  or  of  a  resignation  of 
the  office  of  president  or  vice-president,  is  an  instrument  in 
writing  declaring  the  same,  and  subscribed  by  the  person  re 
fusing  to  accept  or  resigning,  as  the  case  may  be,  and  delivered 
into  the  office  of  the  secretary  of  state. 

§11.  There  are  four  executive  departments  at  the  seat  of  go 
vernment,  viz.  the  department  of  state,  the  treasury  department, 
the  war  department,  and  the  navy  department. 

§12.  The  principal  officer  in  the  department  of  state,  which 
was  formerly  denominated  the  department  of  foreign  affairs, 
is  the  secretary  of  state. 

§  13.  The  salary  of  the  secretary  is  five  thousand  dollars. 
The  appropriation  for  the  clerks  and  other  persons  employed  in 


§13—15.]        POLITICAL  INSTITUTIONS.  2,9 

the  department  for  the  year  1813,  including  the  patent  office, 
was  gl  1,555  54. 

§  14.  The  business  transacted  in  this  department,  which  must 
be  conducted  agreeably  to  the  instructions  of  the  president,  is 
the  execution  of  such  duties  as  may  be  intrusted  to  it  by  tliK 
president,  agreeably  to  the  constitution,  relative  to  correspon 
dences,  commissions,  or  instructions  to  or  with  public  ministers 
or  consuls  from  the  United  States,  or  to  negociations  with  pub 
lic  ministers  from  foreign  states  or  princes,  or  to  memorials  or 
other  applications  from  foreign  public  ministers  or  other  foreign 
ers,  or  to  such  other  matters  respecting  foreign  affairs,  as  the 
president  may  assign  to  the  department. 

The  originals  of  all  the  laws,  orders,  resolutions,  or  votes  of 
congress  are  preserved  in  this  department ;  they  are  also  record 
ed  there  in  books  kept  for  that  purpose.  It  is  the  duty  of  the 
secretary  to  cause  to  be  printed,  at  the  end  of  each  session  of 
congress,  10,000  copies  of  all  the  acts  passed  during  the  session, 
together  with  any  treaties  that  may  have  been  made  or  pro- 
mulged  since  the  laws  of  the  preceding  session  were  printed; 
and  likewise  to  cause  them  to  be  published  in  the  newspapers, 
not  exceeding  three  in  each  state.  It  is  likewise  the  duty  of  the 
secretary  to  procure  and  keep  in  his  office  all  the  statutes  of  the 
several  states. 

The  seal  of  the  United  States  is  kept  by  the  secretary,  and 
affixed  by  him  to  all  commissions  to  officers  appointed  by  the 
president^.  There  is  a  seal  of  office  in  the  department,  for 
authenticating  copies  of  records  and  papers  in  the  office. 

§15.  Attached  to  the  department  is  a  patent-office,  in  which 
are  recorded  the  claims  of  persons  to  the  exclusive  right  to  use 
inventions  and  new  discoveries,  vested  in  the  discoverer  by  law. 
Models  and  drawings  of  the  inventions,  where  practicable,  are 
likewise  deposited  in  the  office.  Copies  of  the  books,  prints, 
charts,  maps,  &c.  for  which  copy-rights  are  obtained,  are  also 
deposited  here.  Neither  the  patent  nor  the  certificate  of  copy 
right  confer  rights,  where  just  claims  do  not  exist ;  they  are 
merely  an  evidence  of  the  claim  to  such  rights ;  and  on  a  suit 
for  a  breach  of  such  patent  or  copy-right,  the  defendant  may 
show  that  the  right  does  not  vest  in  the  plaintiff.  In  the  year 
1812,  the  whole  number  of  patents  issued  amounted  to  2,37, 
having  produced  a  revenue  to  the  United  States  of  7110  dol 
lars,  the  fee  for  each  patent  being  30  dollars. 

*  When  appointments  by  the  president  are  mentioned,  "  by  and  with  the  ad 
vice  and  consent  of  the  senate"  must  generally  be  understood,  that  being  neces 
sary  for  the  appointment  of  all  officers,  excepting  a  few  of  inferior  grade. 


• 
30  HISTORICAL  REGISTER.         [CHAP.  m. 

§  16.  In  the  treasury  department,  there  are  seven  princi 
pal  officers,  namely:  the  auditor,  who  receives  and  settles 
the  public  accounts  ;  the  comptroller,  who  examines  the  set 
tled  accounts,  and  superintends  their  adjustment ;  the  register, 
who  keeps  the  accounts  of  the  United  States;  the  commissioner 
of  the  general  land-office,  who  superintends  all  affairs  respecting 
the  public  lands  ;  the  commissioner  of  the  revenue,  who  super 
intends  the  collection  of  the  internal  taxes ;  and  the  secretary, 
who  superintends  the  whole,  and  prepares  plans  for  the  improve 
ment  of  the  revenue. 

§17.  The  salary  of  the  secretary  is  5000  dollars  per  annum. 
Six  clerks  were  employed  in  his  office  during  the  year  1812  ; 
two  at  a  salary  of  1800  dollars  each  per  annum,  two  at  1000  dol 
lars,  and  two  at  900  dollars. 

§18.  It  is  the  duty  of  the  secretary  to  digest  and  prepare 
plans  for  the  improvement  and  management  of  the  revenue,  and 
for  the  support  of  public  credit ;  to  prepare  and  report  estimates 
of  the  public  revenue,  and  the  public  expenditures  ;  to  superin 
tend  the  collection  of  the  revenue  ;  to  decide  on  the  forms  of 
keeping  and  stating  accounts  and  making  returns,  and  to  grant, 
under  certain  limitations,  all  warrants  for  monies  to  be  issued 
from  the  treasury,  in  pursuance  of  appropriations  by  law ;  to 
make  report,  and  give  information  to  either  branch  of  the  legis 
lature,  in  person  or  in  writing  (as  he  may  be  required),  respect 
ing  all  matters  referred  to  him  by  the  senate  or  house  of  repre 
sentatives,  or  which  shall  appertain  to  his  office ;  and  generally 
to  perform  all  such  services  relative  to  the  finances,  as  he  shall 
be  directed  to  perform. 

It  is  likewise  the  duty  of  the  secretary  to  digest,  prepare,  and 
lay  before  congress  at  the  commencement  of  every  session,  a 
report  on  the  subject  of  finance,  containing  estimates  of  the  pub 
lic  revenue  and  public  expenditures,  and  plans  for  improving  or 
-increasing  the  revenues,  from  time  to  time,  for  the  purpose  of 
giving  information  to  congress  in  adopting  modes  of  raising 
the  money  requisite  to  meet  the  public  expenditures. 

It  is  likewise  his  duty  to  cause  to  be  provided,  placed,  or 
erected  all  such  light-houses,  beacons,  buoys,  and  public  piers  as 
may  be  authorized  by  law. 

§  19.  The  secretary  is  also  empowered  to  mitigate  or  remit 
fines  or  forfeitures  which  have  been  incurred  by  a  breach  of  the 
revenue  laws  of  the  United  States,  in  whole  or  in  part,  if  in  his 
opinion  it  has  been  incurred  without  wilful  negligence,  or  any 
Intention  of  fraud  (see  an  account  of  a  report  on  this  subject  in 
the  proceedings  of  the  2d  session  of  the  12th  congress,  chap.  3, 
§  17,  in  a  subsequent  part  of  this  volume.)  He  may  also 


$20—25.]     POLITICAL  INSTITUTIONS.  31 

discharge  insolvent  debtors  who  are  in  prison  on  account  of 
debts  due  the  United  States,  provided  it  appear  to  him  that  no 
improper  concealments  or  conveyances  have  been  made,  with 
the  exception  of  persons  imprisoned  for  any  fines,  forfeitures,  or 
penalty,  incurred  by  a  breach  of  any  law  of  the  United  States, 
or  for  monies  received  by  any  officer,  agent,  or  other  person  for 
their  use. 

$  20.  The  salary  of  the  comptroller  is  3500  dollars  per  annum; 
thirteen  'clerks  were  employed  in  his  office  during  1812,  the 
chief  clerk  at  a  salary  of  1650  dollars  ;  the  salaries  of  the  others 
were  from  600  to  1200  dollars  per  annum,  making  a  total  aggre 
gate  for  clerk  hire  of  12,025  dollars. 

§  21.  It  is  the  duty  of  the  comptroller  to  superintend  the  ad 
justment  and  preservation  of  the  public  accounts  ;  to  examine 
all  accounts  settled  by  the  auditor,  and  certify  the  balances 
arising  thereon  to  the  register  ;  to  countersign  all  warrants  drawn 
by  the  secretary  of  the  treasury,  which  shall  be  warranted  by 
law  ;  to  report  to  the  secretary  the  official  forms  of  all  papers  to 
be  issued  in  the  different  offices  for  collecting  the  public  revenue, 
and  the  manner  and  form  of  keeping  and  stating  the  accounts  of 
the  several  persons  employed  therein.  He  also  provides  for 
the  regular  and  punctual  payment  of  all  monies  which  may  be 
collected,  and  directs  prosecutions  for  all  delinquencies  of 
officers  of  the  revenue,  and  for  debts  due  to  the  United  States. 
He  is  also  authorized  to  decide  in  all  cases  of  appeal  by  public 
officers  from  the  decision  of  the  auditor. 

§  22.  The  salary  of  the  auditor  is  30OO  dollars  per  annum  ; 
and  that  of  his  principal  clerk  1450  dollars.  Eleven  other  clerks 
were  employed  in  the  office  in  1812,  three  of  them  for  short 
periods,  the  aggregate  of  whose  salaries  amounted  to  8529 
dollars  34  cents. 

§  23.  It  is  the  duty  of  the  auditor  to  receive  all  public  ac 
counts,  and  after  examination  to  certify  the  balance,  and  trans 
mit  the  accounts,  with  the  vouchers  and  certificate,  to  the  comp 
troller  for  his  decision  thereon. 

§  24.  The  salary  of  the  treasurer  is  3000  dollars  per  annum,, 
Three  clerks  were  employed  in  his  office  during  1812,  at  salaries 
of  1350,  1000,  and  725  dollars. 

§  25.  It  is  the  duty  of  the  treasurer  to  receive  and  keep  the 
monies  of  the  United  States,  and  to  disburse  the  same  upon 
warrants  drawn  by  the  secretary  of  the  treasury,  countersigned 
by  the  comptroller,  recorded  by  the  register,  and  not  otherwise ; 
to  take  receipts  for  all  monies  paid  by  him  ;  and  all  receipts  for 
monies  received  by  him,  are  endorsed  upon  warrants  signed  by 
the  secretary  of  the  treasury,  without  which  warrant,  so  signed, 


32  HISTORICAL  REGISTER.  [CHAP.  m. 

no  acknowledgment  for  money  received  into  the  public  treasury 
is  valid.  The  treasurer  renders  his  accounts  to  the  comptroller 
quarterly  (or  oftener  if  required),  and  transmits  a  copy  thereof, 
when  settled,  to  the  secretary  of  the  treasury.  He  likewise,  on 
the  third  day  of  every  session  of  congress,  lays  before  the  senate 
and  house  of  representatives,  fair  and  accurate  copies  of  all 
accounts  by  him  from  time  to  time  rendered  to,  and  settled  with 
the  comptroller,  and  also  a  true  and  perfect  account  of  the  state 
of  the  treasury.  He  must  at  all  times  submit  to  the  secretary  of 
the  treasury,  or  the  comptroller,  the  inspection  of  the  monies  in 
his  hands  ;  and,  prior  to  the  entering  upon  the  duties  of  his 
office,  must  give  bond,  with  sufficient  sureties,  to  be  approved  by 
the  secretary  of  the  treasury  and  comptroller,  in  the  sum  of  one 
hundred  and  fifty  thousand  dollars,  payable  to  the  United 
States,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office,  and  for  the  fidelity  of  the  persons  to  be  by  him  em 
ployed. 

§  26.  The  salary  of  the  register  is  2400  dollars  per  annum. 
The  principal  clerk  receives  1690  dollars  per  annum.  The  ag 
gregate  of  clerk  hire  in  this  office,  for  1812,  was  15,030  dollars. 

§  27.  It  is  the  duty  of  the  register  to  keep  all  accounts  of  the 
receipts  and  expenditures  of  the  public  money,  and  of  all  debts 
due  to  or  from  the  United  States  ;  to  receive  from  the  comp 
troller  the  accounts  which  have  been  finally  adjusted,  and  to 
preserve  such  accounts  with  their  vouchers  and  certificates  j  to 
record  all  warrants  for  the  receipt  or  payment  of  monies  at  the 
treasury,  certify  the  same  thereon,  and  to  transmit  to  the  secre 
tary  of  the  treasury  copies  of  the  certificates  of  balances  of  ad 
justed  accounts. 

§28.  The  salary  of  the  commissioner  of  the  general  land- 
office,  is  3000  dollars  per  annum.  This  is  a  new  office,  which 
went  into  operation  on  the  9ih  of  June,  1812.  The  sum  of 
7409  dollars  76  cents  was  appropriated  for  clerk  hire  for  this 
office  for  the  year  1813. 

§  29.  It  is  the  duty  of  the  commissioner  of  the  general  land- 
office,  under  the  direction  of  the  secretary  of  the  treasury,  to 
superintend  and  execute  every  thing  respecting  the  public  lands 
of  the  United  States,  and  other  lands  patented  or  granted  by  the 
United  States  ;  to  take  charge  of  the  records,  books,  or  papers 
respecting  the  public  lands,  and  of  the  seal  for  authenticating 
copies  of  such  records,  &c.  ;  to  make  plats  of  land  surveyed 
under  the  authority  of  the  United  States,  when  required  by  the 
president  or  either  house  of  congress,  and  give  such  information 
respecting  the  public  lands,  and  concerning  the  business  of  his 
office,  as  shall  be  directed.  All  returns  relative  to  the  public 


§  30—34.]        POLITICAL  INSTITUTIONS.  33 

lands  are  made  to  the  commissioner,  who  is  empowered  to 
audit  and  settle  all  public  accounts  relative  to  those  lands ;  after 
such  settlement,  he  certifies  the  balance,  and  transmits  the  ac 
count,  with  the  vouchers  and  certificates,  to  the  comptroller  of 
the  treasury,  for  his  examination  and  decision  thereon. 

No  person  in  this  office,  either  directly  or  indirectly,  can  be 
concerned  in  the  purchase  of  public  lands. 

§  30.  The  salary  of  the  commissioner  of  the  revenue  is  3000 
dollars  per  annum.  The  salaries  of  his  clerks  are  not  to  amount 
to  more  than  400O  dollars  per  annum. 

§81.  It  is  his  duty  to  superintend  the  collection  of  the  direct 
tax  and  internal  duties  ;  to  prepare,  under  the  direction  of  the 
secretary,  all  the  forms  necessary  for  the  assessors  and  collec 
tors  ;  to  prepare,  sign,  and  distribute  the  licenses  necessary  for 
the  collection  of  the  duties ;  and  to  superintend  generally  all  the 
officers  employed  as  assessors  or  collectors.  It  is  likewise  his 
duty  to  superintend  the  collection  of  such  of  the  former  internal 
duties  and  direct  tax  as  are  still  outstanding.  The  secretary  of 
the  treasury  is  authorized  to  place  also  the  collection  of  the 
duties  on  imposts  and  tonnage  under  his  superintendence,  if  in 
his  opinion  the  public  service  will  be  promoted  by  transferring 
that  duty  from  the  comptroller. 

All  the  officers  of  the  treasury  department  are  forbidden  by 
law  to  trade  in  any  manner  in  the  funds  or  public  property  of 
the  United  States  or  of  any  state. 

§  32.  The  third  executive  department  is  called  the  war  de 
partment.  Besides  the  secretary  there  are  two  principal  officers 
in  the  department,  the  accountant  and  the  paymaster,  which 
latter  resides  near  the  head-quarters  of  the  army. 

§  33.  The  salary  of  the  secretary  of  war  is  450O  dollars,  and 
that  of  the  accountant  2000  dollars  per  annum.  The  sum  ap 
propriated  for  clerks  in  the  war  department  for  1813,  was 
26,846  dollars.  The  salary  of  the  paymaster  is  1440  dollars 
per  annum.  The  appropriation  for  clerks  and  persons  in  his 
office  for  1813  was  9500  dollars. 

§  34.  The  secretary  of  war  performs  such  duties  as  are  en 
trusted  to  him  by  the  president,  agreeably  to  the  constitution, 
relative  to  military  commissions,  or  to  the  land  forces  or  warlike 
stores  of  the  United  States,  or  to  such  other  matters  respecting 
military  affairs  as  the  president  may  assign  to  him,  or  relative  to 
the  granting  of  lands  to  persons  entitled  thereto,  for  military 
services  rendered  to  the  United  States,  or  relative  to  Indian 
affairs. 

The  accountant  is  charged  with  the  settlement  of  all  accounts 
relative  to  the  pay  of  the  army,  the  subsistence  of  officers,  boun- 

VOL.  i.  O 


34  HISTORICAL  REGISTER.        [CHAP.  in. 

ties  to  soldiers,  the  expences  of  the  recruiting  service,  the  inci 
dental  and  contingent  expenses  of  the  department  j  he  reports, 
from  time  to  time,  all  such  settlements  as  have  been  made  by 
him,  for  the  inspection  and  revision  of  the  accounting  officers  of 
the  treasury  ;  he  is  also  charged  with  the  settlement  of  all 
military  claims.  It  is  his  duty  to  report  all  such  settlements  as 
have  been  made  by  him,  for  the  inspection  and  revision  of  the 
comptroller  of  the  treasury. 

It  is  the  duty  of  the  paymaster,  to  receive  from  the  treasurer 
all  the  monies  which  shall  be  entrusted  to  him  for  the  purpose 
of  paying  the  pay,  the  arrears  of  pay, subsistence,  or  forage,  due 
to  the  troops  of  the  United  States  ;  to  receive  the  pay  abstracts 
of  the  paymasters  of  the  several  regiments  or  corps,  and  compare 
the  same  with  the  returns  or  muster  rolls  which  shall  accompany 
the  said  pay  abstracts ;  and  to  certify  accurately  to  the  com 
manding  officer,  the  sums  due  to  the  respective  corps,  who 
thereon  issues  his  warrant  on  the  deputy-paymaster  for  their 
payment. 

§  35.  There  are  two  principal  officers  in  the  navy  department, 
the  secretary,  who  is  deemed  the  head  of  the  department,  and 
the  accountant. 

§  36.  The  salary  of  the  secretary  is  4500  dollars,  that  of  the 
accountant  2000  dollars  per  annum.  The  appropriation  for 
clerks  and  other  persons  employed  in  the  navy  department  for 
1813,  was  17,255  dollars. 

§  37.  It  is  the  duty  of  the  secretary  of  the  navy  to  execute 
such  orders  as  he  may  receive  from  the  president  relative  to 
procuring  naval  stores  and  materials,  the  construction,  arma 
ment,  equipment,  and  employment  of  vessels  of  war,  and  all 
other  matters  connected  with  the  naval  establishment. 

The  accountant  is  charged  with  similar  duties  to  those  of  the 
accountant  of  the  war  department. 

§  38.  During  a  vacancy,  by  removal  or  otherwise,  in  any  of 
the  principal  offices  in  the  executive  departments,  the  chief 
clerk  executes  the  duties  of  the  office.  Should  the  president 
think  it  necessary,  however,  he  may  employ  a  person  to  fill  the 
office  pro  tern*,  but  not  for  a  longer  term  than  six  months. 


§  1—3.]         POLITICAL  INSTITUTIONS.  35 

. 

CHAPTER  IV. 

OF   THE    FEDERAL    CONSTITUTION. 

(In  Continuation.') 

§  1.  Legislature.  §  2.  Their  qualifications.  §  3.  House  of  representatives, 
§  4.  Senate.  §  5.  President  and  speaker.  §  6.  Powers  of  congress.  §  7. 
Stated  meetings.  §  8.  Internal  regulations.  §  9.  Revenue  bills.  €  10. 
Form  of  passing  laws,  8cc.  §  11.  Privileges  of  the  members.  §  12. 
Compensation.  §  13.  Officers  of  the  legislature.  §  14.  Standing  com 
mittees.  §15.  Mode  of  supplying  vacancies.  §  16.  Judiciary.  §17.  Gen 
eral  jurisdiction.  §  18.  Tenure  of  office.  §  19.  The  supreme  court.  §20. 
Its  jurisdiction.  §21.  Salaries.  §  22.  District  courts.  §  23.  Their  juris 
diction.  §  24.  Salaries  of  district  judges.  §  25.  Circuit  courts.  §  26. 
Their  jurisdiction.  §  27.  The  attorney-general.  §  28.  District  attor 
neys.  §29.  Marshals.  §30.  Clerks  of  court.  §31.  Appointment, 
&c.  of  inferior  judicial  officers.  §  32.  Pay  of  jurors  and  witnesses. 

§  1.  ALL  the  legislative  powers  of  the  general  government  are 
vested  in  a  congress,  which  consists  of  a  senate  and  house  of  re 
presentatives. 

§  2.  No  person  can  be  a  representative  who  is  not  25  years  of 
age,  and  has  not  been  seven  years  a  citizen  of  the  United  States  ; 
a  senator  must  be  30  years  of  age,  and  have  been  nine  years  a 
citizen.  Both  representatives  and  senators  must  be  inhabitants 
of  the  state  in  which  they  are  chosen. 

§  3.  The  house  of  representatives  consists  of  members  cho 
sen  every  second  year  by  the  people  of  the  several  states,  the 
electors  of  whom  must  have  the  qualifications  requisite  for  the 
most  numerous  branch  of  the  state  legislature*.  Representa 
tives  are  apportioned  among  the  states  according  to  their  respec 
tive  numbers,  which  are  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  serve  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons.  An  enumeration  or  census  is  taken  for  this 
purpose  every  tenth  year,  when,  if  necessary,  a  new  apportion 
ment  takes  place  by  congress. 

*  The  mode  of  choosing  representatives  is  regulated  by  the  state  legis 
latures.  In  some  of  the  states  they  are  chosen  by  districts,  in  others  by 
general  ticket. 


36  HISTORICAL  REGISTER.         [CHAP.IV. 

§  4.  The  senate  is  composed  of  two  senators  from  each  state 
chosen  by  the  respective  legislatures  for  six  years.  One-third 
of  the  senate  is  chosen  every  second  year,  their  term  of  office 
expiring  biennially  by  rotation. 

§  5.  The  vice-president  of  the  United  States  is  president  of 
the  senate,  but  has  no  vote,  unless  they  are  equally  divided. 
The  senate  choose  their  other  officers,  and  also  a  president  pro 
tempore,  in  the  absence  of  the  vice-president,  or  when  he  exer 
cises  the  office  of  president  of  the  United  States.  The  house 
of  representatives  choose  their  speaker  and  other  officers. 

§  6.  Congress  are  authorized  by  the  constitution 

"  i.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to 
pay  the  debts  and  provide  for  the  common  defence  and  general 
welfare  of  the  United  States  :  but  all  duties,  imposts,  and  ex 
cises  shall  be  uniform  throughout  the  United  States. 

"  2.  To  borrow  money  on  the  credit  of  the  United  States. 

"  3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  states,  and  with  the  Indian  tribes. 

"4,  To  establish  an  uniform  rule  of  naturalization;  and  uni 
form  laws  on  the  subject  of  bankruptcies,  throughout  the  United 
States. 

"  5.  To  coin  money  ;  to  regulate  the  value  thereof,  and  of 
foreign  coin  ;  and  fix  the  standard  of  weights  and  measures. 

"  6.  To  provide  for  the  punishment  of  counterfeiting  the  se 
curities  and  current  coin  of  the  United  States. 

"  7.  To  establish  post-offices  and  post-roads. 

"  8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times,  to  authors  and  inventors,  the  exclu 
sive  right  to  their  respective  writings  and  discoveries. 

"  9.  To  constitute  tribunals  inferior  to  the  supreme  court. 

"  10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations. 

"11.  To  declare  war  ;  grant  letters  of  marque  and  reprisal ; 
and  make  rules  concerning  captures  on  land  and  water. 

"12.  To  raise  and  support  armies.  But  no  appropriation  of 
money  for  that  use,  shall  be  for  a  longer  term  than  two  years. 

"  13.  To  provide  and  maintain  a  navy. 

"  14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces. 

"  15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  union,  suppress  insurrections,  and  repel  invasions. 

"  16.  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employ 
ed  in  the  service  of  the  United  States  ;  reserving  to  the  states 


$  >/,  8.]  POLITICAL  INSTITUTIONS.  37 

respectively  the  appointment  of  the  officers,  and  the  authority  of 
training  the  militia  according  to  the  discipline  prescribed  by  con 
gress. 

u  17.  To  exercise  exclusive  legislation,  in  all  cases  whatso 
ever,  over  such  district  (not  exceeding  ten  miles  square)  as  may, 
by  cession  of  particular  states,  and  the  acceptance  of  congress, 
become  the  seat  of  the  government  of  the  United  States  ;  and 
to  exercise  like  authority  over  all  places  purchased  by  the  con 
sent  of  the  legislature  of  the  state  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and 
other  needful  buildings. 

"  18.  To  dispose  of,  and  make  all  needful  rules  and  regula 
tions  respecting  the  territory  or  other  property  belonging  to  the 
United  States. 

"  19.  To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  the  constitution  in  the  government  of  the 
United  States,  or  any  department  or  officer  thereof." 

Congress  are  specially  forbidden  to  suspend  the  writ  of  habeas 
corpus,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it ;  to  pass  bills  of  attainder  or  ex  post  facto 
laws  ;  to  lay  capitation  or  other  direct  taxes  in  any  other  manner 
than  by  apportioning  them  among  the  states  as  the  representa 
tives  are  (see  §  3,  page  35)  ;  to  lay  any  duty  on  exports  ;  to 
give  any  preference,  by  commercial  or  revenue  regulations,  to 
the  ports  of  one  state  over  those  of  another  ;  to  impose  duties  on 
coasting  vessels,  or  oblige  them  to  make  entry  or  clear  in  passing 
from  one  state  to  another. 

§  7.  Congress  must  assemble  at  least  once  in  every  yean 
Their  day  of  meeting  is  the  first  Monday  in  December,  unless 
they  by  law  appoint  a  different  day. 

5  8.  Each  house  is  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members.  A  majority  constitutes  a 
quorum  to  do  business  ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  is  authorised  to  compel  the  attendance  of 
absent  members.  Each  house  may  determine  the  rules  of  its 
proceedings  ;  punish  its  members  for  disorderly  behaviour  ;  and 
with  the  concurrence  of  two-thirds,  expel  a  member.  The  jour 
nals  of  both  houses  must  be  published,  except  such  parts  as  may 
require  secrecy  ;  and  the  yeas  and  nays  must  be  entered  on 
them  at  the  request  of  one-fifth  of  those  present.  Neither  house, 
without  the  consent  of  the  other,  can  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  congress  is 
sitting. 


38  HISTORICAL  REGISTER.         [CHAP.  iv. 

No  member  of  either  house  can,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the.  United  States,  which  has  been  created,  or  the  emoluments 
of  which  have  been  increased,  during  such  time,  and  no  person 
holding  any  office,  can  be  a  member  of  either  house  during  his 
continuance  in  office. 

§  9.  All  bills  for  raising  revenue  must  originate  in  the  house 
of  representatives  ;  but  the  senate  may  propose  or  concur  with 
amendments,  as  in  other  bills. 

§10.  No  law  can  be  passed  without  the  concurrence  of  both 
houses.  When  that  is  obtained,  it  is  presented  to  the  presi 
dent,  who,  if  he  approves,  signs  it ;  if  not,  he  returns  it,  with  his 
objections,  for  the  re-consideration  of  congress  ;  and  it  cannot  in 
that  case  become  a  law  without  the  concurrence  of  two-thirds  of 
the  members.  The  president  must  return  it  within  ten  days, 
otherwise  it  becomes  a  law  without  his  approbation.  Joint  or 
ders,  resolutions,  or  votes  (except  on  questions  of  adjournment) 
must  go  through  the  same  forms. 

While  bills,  resolutions,  &c.  are  on  their  passage  between  the 
two  houses,  they  are  on  paper,  and  under  the  signature  of  the 
secretary  or  clerk  of  each  house  respectively.  After  they  have 
passed  both  houses,  they  are  enrolled  on  parchment  by  the  clerk 
of  the  house  of  representatives,  or  the  secretary  of  the  senate, 
as  the  bill  may  have  originated  in  the  one  or  the  other  house, 
and  after  enrollment  they  are  examined  by  a  joint  committee  of 
one  from  the  senate,  and  two  from  the  house  of  representatives, 
appointed  as  a  standing  committee  for  that  purpose,  who  care 
fully  compare  the  enrollment  with  the  engrossed  bills,  &c.  as 
passed  in  the  two  houses,  and,  correcting  any  errors  that  may 
be  discovered,  make  their  report  forthwith  to  the  respective 
houses.  After  examination  and  report,  each  bill,  &c.  is  signed 
in  the  respective  houses,  first  by  the  speaker  of  the  house  of  re 
presentatives,  then  by  the  president  of  the  senate.  After  hav 
ing  been  thus  signed,  it  is  presented  by  the  committee  to  the  pre 
sident  of  the  United  States,  for  his  approbation,  it  being  first  en 
dorsed  on  the  back  of  the  roll,  certifying  in  which  house  it  ori 
ginated  ;  which  endorsement  is  entered  on  the  journal  of  each 
house.  The  committee  report  the  day  of  presentation  to  the 
president,  which  is  also  entered  on  the  journal  of  each  house. 

When  the  senate  and  house  of  representatives  make  a  joint 
address  to  the  president,  it  is  presented  to  him  in  his  audience 
chamber  by  the  president  of  the  senate,  in  the  presence  of  the 
speaker  and  both  houses. 

§11.  The  members  of  congress  are  privileged  from  arrest, 
except  for  treason,  felony,  or  breach  of  the  peace,  during  their 


§  12—14.]        POLITICAL  INSTITUTIONS.  39 

attendance  at  the  session  of  their  respective  houses.  They  can 
not  be  questioned,  in  any  other  place,  for  any  speech  or  debate 
in  either  house. 

§  12.  The  compensation  allowed  to  members  of  congress, 
which  is  fixed  by  law,  is  six  dollars  for  every  day's  attendance. 
They  likewise  receive  at  the  commencement  and  at  the  end  of 
every  session,  six  dollars  for  every  twenty  miles  of  the  estimated 
distance,  by  the  most  usual  road,  from  their  place  of  residence 
to  the  seat  of  congress,  provided  such  sum  does  not  amount  to 
more  than  six  dollars  per  day,  from  the  end  of  one  session  to 
the  time  of  their  taking  a  seat  in  another.  In  case  of  any  mem 
ber  being  detained  by  sickness  on  his  journey,  or  being  unable 
to  attend  in  his  seat  after  his  arrival,  he  is  still  entitled  to  re 
ceive  the  daily  compensation  of  six  dollars.  The  speaker  of  the 
house  of  representatives,  and  the  president  pro  tempore  of  the 
senate,  are  entitled  to  receive,  in  addition  to  their  compensation 
as  members  of  congress,  six  dollars  per  day  during  their  atten 
dance. 

§  13.  A  chaplain  is  appointed  by  each  house,  who  is  allowed 
at  the  rate  of  $500  per  annum  during  the  session. 

The  officers  of  the  senate  are,  a  secretary,  who  receives  a  sa 
lary  of  $2000  per  annum  ;  his  principal  clerk  $1300,  and  each 
of  his  engrossing  clerks  $100O  per  annum  ;  the  sergeant  at 
arms,  who  also  performs  the  duty  of  door-keeper,  $950,  and  the 
assistant  door-keeper  $900  per  annum. 

The  officers  of  the  house  of  representatives  are,  the  clerk  of 
the  house,  who  receives  a  salary  of  $2000,  his  principal  clerk 
$1300,  and  each  of  his  engrossing  clerks  $100O  per  annum; 
the  sergeant  at  arms  $950,  the  door-keeper  $950,  and  the  as 
sistant  door-keeper  $900  per  annum. 

It  is  the  duty  of  the  sergeant  at  arms  to  attend  the  house 
during  its  sitting ;  to  execute  its  commands,  together  with  ail 
process  issued  by  its  authority. 

§  14.  Nine  standing  committees  are  appointed  at  the  com 
mencement  of  each  session,  in  the  house  of  representatives,  viz. 
A  committee  of  elections, 
A  committee  of  ways  and  means, 
A  committee  of  claims, 
A  committee  of  commerce  and  ma 


nufactures, 

A  committee  on  the  public  lands, 
A  committee  on  the  post-office  and 

post-roads, 

A  committee  for  the  District  of  Co 
lumbia, 


Consisting    of   seven 
members  each. 


40  HISTORICAL  REGISTER.          [CHAP.  iv. 


Consis»nS   °f  three 
A  committeof  accounts,  ""embers  each. 

It  is  the  duty  of  the  committee  of  elections  to  examine  and 
report  upon  the  certificates  of  election  or  other  credentials  of  the 
members,  and  to  take  into  their  consideration  all  such  petitions 
and  other  matters  touching  elections  and  returns,  as  may  be  re 
ferred  to  them  by  the  house. 

It  is  the  duty  of  the  committee  of  ways  and  means  to  take  in 
to  consideration  all  such  reports  of  the  treasury  department,  and 
all  such  propositions  relative  to  the  revenue,  as  may  be  referred 
to  them  by  the  house  ;  to  inquire  into  the  state  of  the  public 
debt,  of  the  revenue,  and  of  the  expenditures,  and  to  report* 
from  time  to  time,  their  opinion  thereon  j  to  examine  into  the 
state  of  the  several  public  departments,  and  particularly  into  the 
laws  making  appropriations  of  monies,  and  to  report  whether 
the  monies  have  been  disbursed  conformably  with  such  laws  ; 
and  also  to  report,  from  time  to  time,  such  provisions  and  ar 
rangements  as  may  be  necessary  to  add  to  the  economy  of  the 
departments,  and  the  accountability  of  their  officers. 

It  is  the  duty  of  the  committee  of  claims  to  take  into  consi 
deration  all  petitions  and  matters  touching  claims  and  demands 
on  the  United  States,  as  shall  be  referred  to  them  by  the  house, 
and  to  report  their  opinion  thereon,  together  with  such  proposi 
tions  for  relief  as  to  them  shall  seem  expedient. 

It  is  the  duty  of  the  committee  of  commerce  and  manufac 
tures,  to  take  into  consideration  all  such  petitions  and  matters 
touching  the  commerce  and  manufactures  of  the  United  States, 
as  may  be  referred  to  them  by  the  house,  and  to  report,  from 
time  to  time,  their  opinion  thereon. 

It  is  the  duty  of  the  committee  on  the  public  lands  to  take  in 
to  consideration  all  petitions  and  matters  respecting  the  lands  of 
the  United  States  that  may  be  referred  to  them  by  the  house  ; 
and  to  report  their  opinion  thereon,  with  such  propositions  for 
relief  as  to  them  shall  seem  expedient. 

It  is  the  duty  of  the  committee  on  the  post-office  and  post- 
roads  to  take  into  consideration  all  such  petitions  and  matters 
touching  the  post-office  and  post-roads  as  may  be  referred  to 
them  by  the  house,  and  to  report  their  opinion  thereupon,  toge 
ther  with  such  propositions  relative  thereto,  as  to  them  shall 
seem  expedient. 

It  is  the  duty  of  the  committee  for  the  district  of  Columbia 
to  take  into  consideration  all  such  petitions,  or  things,  touching 
the  district,  as  shall  be  referred  to  them  by  the  house,  and  to  re- 
port  their  opinion  thereon,  together  with  such  propositions  rela 
tive  thereto,  as  to  them  shall  seem  expedient. 


§15—20.]      POLITICAL  INSTITUTIONS.  41 

It  is  the  duty  of  the  committee  of  revisal  and  unfinished  busi 
ness  to  examine  and  report  what  laws  have  expired,  or  are  near 
expiring,  and  require  to  be  revived  or  further  continued  ;  also 
to  examine  and  report,  from  the  journal  of  the  last  session,  all 
such  matters  as  were  then  depending  and  undetermined. 

It  is  the  duty  of  the  committee  of  accounts  to  superin 
tend  and  controul  the  expenditure  of  the  contingent  fund  of  the 
house,  and  to  audit  and  settle  all  accounts  which  may  be  charged 
thereon  j  and  also  to  audit  the  accounts  of  the  members  for  their 
travel  to  and  from  the  seat  of  government,  and  their  attendance 
in  the  house. 

All  committees  are  appointed  by  the  speaker  unless  otherwise 
specially  directed  by  the  house,  in  which  case  they  are  appoint 
ed  by  ballot. 

§  15.  When  any  vacancy  happens  in  the  representation  of  any 
state  in  the  house  of  representatives,  the  executive  authority  of 
the  state  issues  a  writ  of  election  to  fill  such  vacancy.  A  vacan 
cy  in  the  senate  is  filled  by  the  state  legislature  ;  during  their 
recess,  temporary  appointments  are  made  by  the  governor  of 
the  state  until  the  next  meeting  of  the  legislature,  who  then  fill 
the  vacancy. 

§  16.  The  judicial  power  of  the  United  States  is  vested  in  a 
supreme  court,  and  in  the  district  and  circuit  courts. 

§  17.  The  judicial  power  extends  to  all  cases,  in  law  and  equi 
ty,  arising  under  the  constitution  and  laws  of  the  United  States, 
and  treaties  made  under  their  authority  ;  to  all  cases  affecting 
ambassadors,  other  public  ministers,  and  consuls  ;  to  all  cases 
of  admiralty  and  maritime  jurisdiction  ;  to  controversies  to 
which  the  United  States  are  a  party,  to  controversies  between 
two  or  more  states,  between  a  state  and  citizens  of  another  state, 
between  citizens  of  different  states,  between  citizens  of  the  same 
stste  claiming  lands  under  grants  of  different  states,  and  between 
a  state,  or  the  citizens  thereof,  and  foreign  states,  citizens,  or 
subjects. 

4  18.  All  the  judges  of  the  United  States  hold  their  offices 
duiing  good  behaviour.  Their  salaries  cannot  be  diminished 
during  their  continuance  in  office. 

§19.  The  supreme  court  consists  of  a  chief  justice  and  six 
associate  justices,  any  four  of  whom  are  a  quorum.  It  holds 
one  session  annually,  at  the  city  of  Washington,  on  the  first 
Monday  in  February. 

§  20.  The  supreme  court  has  exclusive  jurisdiction  of  all 
controversies  of  a  civil  nature,  where  a  state  is  a  party,  except 
between  a  state  and  its  citizens;  and  except  also  between  a  state 
and  citizens  of  other  states,  or  aliens,  in  which  latter  case  it  has 

VOL.  i.  II 


42  HISTORICAL  REGISTER.        [CHAP.  iv. 

original  but  not  exclusive  jurisdiction.  It  has  exclusively  all 
such  jurisdiction  of  suits  or  proceedings  against  ambassadors 
or  other  public  ministers,  or  their  domestics,  or  domestic  ser 
vants,  as  a  court  of  law  can  have  or  exercise  consistently  with 
the  law  of  nations  ;  and  original,  but  not  exclusive  jurisdiction, 
of  all  suits  brought  by  ambassadors  or  other  public  ministers,  or 
in  which  a  consul  or  vice-consul  is  a  party.  The  supreme 
court  also  has  appellate  jurisdiction  from  the  circuit  courts,  and 
courts  of  the  several  states,  in  certain  cases.  It  also  has  power 
to  issue  writs  of  prohibition  to  the  district  courts,  when  proceed 
ing  as  courts  of  admiralty  and  maritime  jurisdiction,  and  writs 
of  mandamus,  in  cases  warranted  by  the  principle  and  usages  of 
law,  to  any  courts  appointed,  or  persons  holding  office,  under  the 
authority  of  the  United  States. 

§  21.  The  salary  of  the  chief  justice  is  $4000,  and  that  of 
each  of  the  associate  justices  $350O  per  annum. 

§  22.  The  United  States  is  divided  into  2O  districts,  each  of 
the  states  forming  one  district  except  Massachusetts  and  Ten 
nessee,  which  are  each  divided  into  two  ;  the  former  into  Mas 
sachusetts  and  Maine,  the  latter  into  East  and  West  Tennessee. 
There  is  a  district  court  consisting  of  one  judge  for  the 
two  districts  of  East  and  West  Tennessee ;  a  district  court  con 
sisting  of  two  judges  for  the  district  of  New  York ;  and  a  dis 
trict  court  consisting  of  one  judge  for  each  of  the  other  districts. 
In  most  of  the  districts,  there  are  four  courts  held  annually,  gene 
rally  at  the  two  principal  places  in  the  district  alternately.  In 
each  of  the  districts  of  Pennsylvania  and  Maryland,  the  courts 
are  held  at  only  one  place,  namely,  Philadelphia  and  Baltimore. 
§  23.  The  district  courts  have,  exclusively  of  the  courts 
of  the  several  states,  cognizance  of  all  crimes  and  offences  that 
are  cognizable  under  the  authority  of  the  United  States,  com 
mitted  within  their  respective  districts,  or  upon  the  high  seas ; 
where  no  other  punishment  than  whipping,  not  exceeding  thir.y 
stripes,  a  fine  not  exceeding  100  dollars,  or  a  term  of  imprison 
ment  not  exceeding  six  months,  is  to  be  inflicted ;  and  have  also 
exclusive  original  cognizance  of  all  civil  causes  of  admiralty  and 
maritime  jurisdiction,  including  all  seizures  under  laws  of  in- 
post,  navigation,  or  trade  of  the  United  States,  where  the  sei 
zures  are  made  on  waters  which  are  navigable  from  the  sea  by 
vessels  of  ten  or  more  tons  burthen,  within  their  respective  dis 
tricts,  as  well  as  upon  the  high  seas  ;  saving  to  suitors,  in  all 
cases,  the  right  of  a  common  law  remedy,  where  the  common 
law  is  competent  to  give  it.  They  have  also  exclusive  original 
cognizance  of  all  seizures  on  land,  or  waters  other  than  na 
vigable,  and  of  all  suits  for  penalties  and  forfeitures  incurred 


§24—26.]     POLITICAL  INSTITUTIONS.  43 

under  the  laws  of  the  United  States.  They  also  have  cogni 
zance,  concurrent  with  the  courts  of  the  several  states,  or  the 
circuit  courts,  as  the  case  may  be,  of  all  causes  where  an  alien 
sues  for  a  tort  only  in  violation  of  the  law  of  nations  or  a  treaty 
of  the  United  States.  They  also  have  cognizance,  concurrent 
with  the  courts  of  the  states,  of  all  suits  at  common  law  where 
the  United  States  sue,  and  the  matter  in  dispute  amounts,  exclu 
sive  of  costs,  to  one  hundred  dollars.  They  have  also  cogni 
zance,  exclusively  of  the  courts  of  the  several  states,  of  all  suits 
against  consuls  or  vice-consuls,  except  for  offences  greater  than 
those  above  mentioned. 

§  24.  The  salaries  of  the  district  judges  are  as  follow :  in 
Vermont  $80O;  in  Maine,  New  Hampshire,  Rhode  Island, 
Connecticut,  and  Ohio,  $1000;  in  New  Jersey  and  Delaware 
$1200;  in  Kentucky,  Tennessee,  North  Carolina,  and  Georgia, 
$  1500;  in  Massachusetts,  New  York,  Pennsylvania,  and  Ma 
ryland,  $1600;  in  Virginia  and  South  Carolina,  $1800;  and 
in  Louisiana  !g20OO  per  annum. 

§  25.  A  circuit  court  consists  of  a  justice  of  the  supreme 
court  and  the  district  judge.  The  United  States  is  divided  into 
seven  circuits,  as  follow  :  the  first  district  includes  the  districts 
of  New  Hampshire,  Massachusetts,  and  Rhode  Island ;  the  se 
cond  those  of  Vermont,  Connecticut,  and  New  York ;  the  third 
those  of  New  Jersey  and  Pennsylvania;  the  fourth  those  of 
Maryland  and  Delaware ;  the  fifth  those  of  Virginia  and  North 
Carolina ;  the  sixth  those  of  South  Carolina  and  Georgia ;  the 
seventh  those  of  Kentucky,  Tennessee,  and  Ohio.  There  is 
no  circuit  court  in  the  districts  of  Louisiana  and  Maine.  The 
district  courts  of  those  districts  have  jurisdiction  of  all  causes 
cognizable  in  circuit  courts,  except  in  cases  of  appeals  and  writs 
of  error,  which  in  Louisiana  lie  to  the  supreme  court,  and  in 
Maine  to  the  circuit  court  of  Massachusetts.  The  circuit 
courts  are  held  twice  a  year  in  each  district. 

§  26.  The  circuit  courts  have  original  cognizance,  concurrent 
with  the  courts  of  the  several  states,  of  all  suits  of  a  civil  nature 
at  common  law  or  in  equity,  where  the  matter  in  dispute  exceeds, 
exclusive  of  costs,  the  sum  or  value  of  five  hundred  dollars,  and 
the  United  States  are  plaintiffs,  or  petitioners ;  or  an  alien  is  a 
party  ;  or  the  suit  is  between  a  citizen  of  the  state  where  the  suit 
is  brought,  and  a  citizen  of  another  state.  They  have  exclusive 
cognizance  of  all  crimes  and  offences  cognizable  under  the  au 
thority  of  the  United  States,  with  a  few  exceptions,  and  concur 
rent  jurisdiction  with  the  district  courts,  of  the  crimes  and  offen 
ces  cognizable  therein.  No  person  can  be  arrested  in  one 
district  for  trial  in  another,  in  any  civil  action  before  a  circuit  or 
district  court  j  and  no  civil  suit  can  be  brought  before  either 


44  HISTORICAL  REGISTER.        [CHAP.  iv. 

court  against  an  inhabitant  of  the  United  States,  by  any  origi 
nal  process  in  any  other  district  than  that  whereof  he  is  an  in 
habitant,  or  in  which  he  shall  be  found  at  the  time  of  serving  the 
writ ;  nor  can  any  district  or  circuit  court  have  cognizance  ot 
any  suit  to  recover  the  contents  of  any  promissory  note  or  other 
chose  in  action  in  favour  of  an  assignee,  unless  a  suit  might 
have  been  prosecuted  in  such  court  to  recover  the  contents  if 
no  assignment  had  been  made,  except  in  cases  of  foreign  bills  oi 
exchange.  The  circuit  courts  have  also  appellate  jurisdiction 
from  the  district  courts,  under  certain  regulations  and  restric 
tions.  In  suits  commenced  in  state  courts,  against  an  alien,  or 
a  citizen  of  another  state,  if  the  matter  in  dispute  exceeds 
g  500,  the  defendant  mav  remove  the  cause  for  trial  into  the 
circuit  court.  And  in  any  action  commenced  in  a  state  court, 
where  the  title  of  land  is  concerned,  whose  value  exceeds  §50O, 
if  either  party  claims  under  a  grant  from  a  state  other  than  ihat 
in  which  the  suit  is  pending,  the  cause  may  be  removed  for  trial 
to  the  circuit  court,  although  the  parties  be  citizens  of  the  same 
state. 

§27.  The  attorney  general  of  the  United  States  is  the  public 
prosecutor  before  the  supreme  court.  It  is  likewise  his  duty  to 
give  his  advice  and  opinion  upon  questions  of  law,  when  requir 
ed  by  the  president.  He  may  also  be  consulted  by  the  heads  of 
departments,  touching  any  matters  that  may  concern  those  de 
partments.  He  has  a  salary  of  $  3000  per  annum. 

§  28.  The  public  prosecutors  before  the  circuit  and  district 
courts  are  the  district  attorneys,  of  whom  there  is  one  in  each 
district.  These  attorneys  are  compensated  by  fees,  which  are 
taxed  by  the  respective  courts.  In  Louisiana  the  district  attor 
ney  receives  an  additional  compensation  of  g600  per  annum 
from  the  United  States  ;  there  is  also  an  allowance  of  g  200  per 
annum  to  the  attorney  of  each  of  the  districts  except  Massachu 
setts,  New  York,  Pennsylvania,  Maryland,  and  South  Carolina. 

§  29.  There  is  a  marshal  for  each  district,  with  the  powers  of 
a  sheriff,  who  attends  both  the  district  and  circuit  courts.  His 
fees  are  regulated  by  law.  The  marshals  for  the  districts  of 
Maine,  New  Hampshire,  Vermont,  New  Jersey,  North  Caroli 
na,  Kentucky,  Ohio,  East  Tennessee,  West  Tennessee,  and 
Louisiana,  have  each  an  additional  compensation  of  8  200  per 
annum  from  the  United  States. 

§  30.  There  is  a  clerk  of  court  in  each  district,  who  attends 
both  district  and  circuit  courts.  Their  fees  and  compensations 
for  attending  court,  and  for  travelling  to  attend  circuit  courts^ 
are  fixed  by  law. 


$31,32.]       POLITICAL  INSTITUTIONS.  45 

§  31.  The  clerks  of  courts  are  appointed  by  the  courts,  the 
attorneys  and  marshals  by  the  president,  by  whom  they  are  re- 
moveable  at  pleasure. 

§  32.  Jurors  and  witnesses  in  the  United  States'  courts,  are 
allowed  1  dollar  25  cents  per  day,  and  five  cents  per  mile  for  tra 
velling  to  and  from  their  respective  places  of  abode. 


The  conclusion  of  the  Review  of  the  Political  Institutions  of 
the  United  States  will  be  given  in  the  commencement  of  the 
third  volume.  This  will  contain  an  account  of  the  following 
institutions,  viz.  the  army,  including  a  list  of  the  general  staff, 
the  departments  of  the  adjutant-general,  inspector-general,  pay 
master-general,  and  quarter-master-general,  the  ordnance  and 
hospital  departments,  and  the  duties  of  the  respective  officers  as 
to  the  instruction  of  the  troops,  military  correspondence,  the  se 
lection  of  places  of  encampment,  and  posting  guards ;  the  mus 
tering  and  inspecting  the  regulars  and  militia  detachments,  the 
regulation  of  the  police  of  the  camp  and  of  the  march,  the  open 
ing  and  repairing  roads  and  constructing  of  bridges  for  the  pas 
sage  of  the  army,  &c.  &c.  the  formation  of  the  corps  of  engineers, 
and  of  the  regiments  of  artillery,  dragoons,  riflemen,  infantry, 
and  rangers  ;  the  militia  and  volunteer  corps  ;  the  rules  and  re 
gulations  of  the  army,  as  to  rank,  promotion,  uniform,  &c.  An 
account  of  the  arsenals,  magazines,  and  armories  of  the  United 
States.  The  navy  and  marine  corps.  Navy  regulations.  The 
navy  pension  fund.  The  light-house  establishment.  The  re 
gulations  of  privateers  and  letters  of  marque.  The  regulation 
of  ships  in  the  merchant  service.  The  revenues  of  the  United 
States,  with  statements  of  the  receipts  and  expenditures  from 
the  establishment  of  the  federal  constitution.  The  rise  and 
progress  of  the  public  debt.  The  sinking  fund.  The  land- 
offices  and  surveyor-general's  department.  The  post-office  and 
post  roads,  &c.  &c.  To  conclude  with  a  review  of  the  nature 
and  form  of  government  in  the  District  of  Columbia. 


HISTORY 

OF   THE 

PROCEEDINGS  OF  CONGRESS. 

12th  CONGRESS—  3d  SESSION. 
CHAPTER  I. 

§  1.  Meeting  of  congress.  §  2.  President's  message.  §  3.  Expedition  of 
general  Hull.  §  4.  War  on  the  ocean.  §  5.  Refusal  of  the  militia. 
§  6.  Pacific  advances  to  Great  Britain.  §  7.  Armistice.  §  8.  Corres 
pondence  with  admiral  Warren.  §  9.  Subjects  recommended  to  the 
consideration  of  congress.  §  10.  Merchants'  bonds.  §  11.  State  of 
the  treasury.  §  12.  Conclusion. 


§  1.  N  Monday  the  2d  of  November,  1812,  being  the 
day  fixed  by  law,  congress  convened  at  Washington  City.  A 
quorum  of  the  house  of  representatives  appeared  that  day, 
but  the  requisite  number  of  the  senate  did  not  meet  till  the  3d, 
when  a  joint  committee  from  both  houses  waited  on  the  presi 
dent,  to  inform  him  that  they  were  ready  to  receive  his  com 
munication. 

§  2.  On  the  following  day  he  as  usual  transmitted  his  intro 
ductory  message,  accompanied  with  documents  containing 
copies  of  letters  from  the  secretary  of  state,  authorizing  Mr. 
Russell  to  conclude  an  armistice  with  the  British  government  ; 
Mr.  Russell's  correspondence  with  lord  Castlereagh  upon  this 
subject  ;  a  correspondence  between  admiral  Warren  and  the 
secretary  of  state  ;  a  previous  correspondence  between  Mr. 
Russell  and  lord  Castiereagh  on  the  subject  of  the  repeal  of  the 
orders  in  council  ;  and  Mr.  Erving's  letter  to  the  secretary  of 
state,  inclosing  a  correspondence  with  the  Danish  minister  of 
foreign  affairs.  In  subsequent  messages  the  president  com 
municated  further  information  relative  to  the  pacific  advances 
of  the  American  government,  and  the  correspondence  between 
the  department  of  war  and  the  governors  of  Massachusetts  and 
Connecticut,  on  the  subject  of  the  militia.  In  taking  a  view  of 
this  introductory  message,  we  shall,  for  the  sake  of  perspicuity, 
class  the  whole  of  these  papers  together. 

§  3.  After  congratulations  on  the  unusual  degree  of  health 
enjoyed  throughout  the  country,  the  abundance  of  the  harvest, 
and  the  successful  cultivation  of  other  branches  of  industry,  th« 


48  HISTORICAL  REGISTER.          [CHAP,  i, 

president  adverts  to  the  unfortunate  issue  of  the  expedition 
under  general  Hull,  the  causes  of  which,  he  observes,  will  be 
investigated  by  a  military  tribunal.  This  leads  to  observations 
on  the  hostile  employment  of  the  savages  by  the  British,  which 
he  contrasts  with  the  benevolent  policy  of  the  United  States, 
which  "  invariably  recommended  peace,  and  promoted  civiliza 
tion,  among  that  wretched  portion  of  the  human  race." 

"  The  misfortune  at  Detroit,"  he  continues,  "  was  not,  how 
ever,  without  a  consoling  effect.  It  was  followed  by  signal 
proofs  that  the  national  spirit  rises  according  to  the  pressure  on 
it.  The  loss  of  an  important  post,  and  of  the  brave  men  sur 
rendered  with  it,  inspired  every  where  new  ardour  and  deter 
mination.  In  the  states  and  districts  least  remote,  it  was  no 
sooner  known,  than  every  citizen  was  ready  to  fly  with  his  arms, 
at  once  to  protect  his  brethren  against  the  blood-thirsty  savages 
let  loose  by  the  enemy  on  an  extensive  frontier,  and  to  convert 
a  partial  calamity  into  a  source  of  invigorated  efforts." 

The  invasion  of  Canada  from  Detroit,  it  appears,  was  under 
taken  as  well  for  the  purpose  of  intercepting  the  hostile  influence 
of  Great  Britain  over  the  savages,  and  obtaining  the  command 
of  lake  Erie,  as  to  co-operate  with  the  forces  employed  against 
other  parts  of  Canada.  As  soon  as  its  unfortunate  termination 
was  known,  measures  were  taken  to  provide  a  naval  force  on 
the  lakes  superior  to  that  of  the  enemy. 

§  4.  The  message  next  notices  the  attack  upon  Queenstown* 
and  the  successful  commencement  ,of  the  war  on  the  ocean,  by 
the  capture  of  the  Guerriere,  and  the  activity  of  our  private 
cruizers. 

§  5.  The  refusal  of  the  militia  by  the  governors  of  Massachu 
setts  and  Connecticut,  "  founded  upon  a  novel  and  unfortunate 
exposition  of  the  provisions  of  the  constitution,"  forms  another 
topic  of  the  message.  From  the  correspondence  upon  this 
subject,  it  appears,  that  by  a  circular  letter  from  the  war  depart 
ment,  dated  April  15,  1812,  the  executives  of  the  several  states 
were  called  upon  to  organize,  and  hold  in  readiness  to  march  at 
a  moment's  warning,  their  respective  quotas  of  100,000  militia 
authorized  by  the  act  of  April  10th,  1812.  On  the  12th  of 
June,  the  secretary  of  war  requested  governor  Strong  of  Massa 
chusetts  to  order  into  the  service  of  the  United  States,  on  the 
requisition  of  major-general  Dearborn,  such  part  of  the  quota 
of  Massachusetts  as  he  might  deem  necessary  for  the  defence 
of  the  sea  coast.  On  the  22d,  general  Dearborn  called  on  the 
governor  for  14  companies  of  artillery  and  27  companies  of 
infantry,  for  the  defence  of  the  ports  and  harbours  of  the  state 
and  the  harbour  of  Newport,  at  the  same  time  communicating 


J  5.]  PROCEEDINGS  OF  CONGRESS.  49 

information  of  the  declaration  of  war.  On  the  26th,  not  having 
received  notice  that  measures  had  been  taken  for  calling  the 
militia  into  service,  the  general  again  addressed  governor  Strong, 
soliciting  such  information  on  the  subject  as  the  urgency  of  the 
case  demanded.  He  was  answered,  that  governor  Gerry  (his 
predecessor  in  office)  had,  on  the  25th  of  April,  ordered  10,000 
men  to  be  detached,  but  that  the  returns  of  those  detachments 
had  not  come  to  hand,  except  in  a  very  few  instances.  On  the 
21st  of  July,  governor  Strong  was  informed  by  the  secretary  at 
war,  that  the  arrangement  of  the  militia  before  communicated 
was  preparatory  to  the  march  of  the  regular  troops  to  the 
northern  frontier.  That  the  exigencies  of  the  service  required, 
and  orders  had  accordingly  been  given  to  major-general  Dear 
born,  to  move  the  regular  troops  to  that  frontier,  leaving  a  suf 
ficient  number  to  man  the  guns  in  the  garrisons  on  the  seaboard. 
That  the  danger  of  invasion,  which  existed  at  the  time  of 
issuing  the  order  of  the  president,  increased,  and  that  he  was 
specially  directed  by  the  president,  to  urge  the  consideration,  as 
requiring  the  necessary  order  to  be  given  for  the  immediate 
march  of  the  militia  to  their  respective  posts. 

In  answer  to  the  communication  from  the  war  department, 
the  governor  stated,  that  the  people  of  that  state  appeared  to  be 
under  no  apprehension  of  an  invasion.  In  some  places  they  had 
applied  for  arms  and  ammunition,  but  they  had  expressed  no 
desire  that  any  part  of  the  militia  should  be  called  out  for  their 
defence,  and  in  some  cases  he  had  been  assured  that  such  a 
measure  would  be  disagreeable  to  them.  That  it  could  hardly 
be  supposed,  that  if  the  state  had  been  considered  by  the  presi 
dent  in  great  danger  of  invasion,  the  troops  would  have  been 
called  thence  to  carry  on  offensive  operations  in  a  distant  pro 
vince.  However,  as  it  was  understood  that  the  governor  of 
Nova  Scotia  had  by  proclamation  forbid  any  incursions  or 
depredations  upon  our  territories,  and  as  an  opinion  generally 
prevailed  that  the  governor  had  no  authority  to  call  the  militia 
into  actual  service,  unless  one  of  the  exigencies  contemplated 
by  the  constitution  existed,  he  had  thought  it  expedient  to  call 
the  council  together,  and  having  laid  before  them  the  letter  from 
the  war  department  and  those  from  general  Dearborn,  had  re 
quested  their  advice  on  the  subject. 

The  council  advised,  that  they  were  unable,  from  a  view  of 
the  constitution  of  the  United  States,  and  of  those  letters,  to 
perceive  that  any  exigency  existed  which  could  render  it  ad 
visable  to  comply  with  the  requisition.  But  as  upon  impor 
tant  questions  of  law,  and  upon  solemn  occasions,  the  governor 
and  council  have  authority  to, require  the  opinion  of  the  justice* 

VCL.  I,  J 


50  HISTORICAL  REGISTER.  [CHAP.  i. 

of  the  supreme  judicial  court,  it  was  advisable  to  request  their 
opinion  on  the  present  occasion,  whether  the  governors  of  the 
several  states  have  a  right  to  determine  whether  the  exigencies 
contemplated  by  the  constitution  exist,  and  whether,  when  they 
do  exist,  the  militia  in  the  service  of  the  United  States  can  be 
lawfully  commanded  by  any  officer  but  of  the  militia,  except 
by  the  president  of  the  United  States. 

The  judges,  on  being  consulted,  expressed  their  opinion,  that, 
as  the  power  of  judging  of  those  exigencies  was  not  delegated 
to  the  United  States  by  the  federal  constitution,  nor  prohibited 
by  it  to  the  states,  it  was  reserved  to  the  states  respectively ;  and 
that,  from  the  nature  of  the  power,  it  must  be  exercised  by  those 
with  whom  the  states  have  respectively  entrusted  the  chief 
command  of  the  militia.  That  it  is  the  duty  of  these  comman 
ders  to  execute  this  important  trust  agreeably  to  the  laws  of 
their  several  states,  without  reference  to  the  laws  or  officers  of 
the  United  States,  in  all  cases  except  those  specially  provided 
for  in  the  federal  constitution.  They  must,  therefore,  deter 
mine  when  either  of  the  special  cases  exist,  obliging  them  to  re 
linquish  the  execution  of  this  trust,  and  to  render  themselves 
and  the  militia  subject  to  the  command  of  the  president.  A 
different  construction,  giving  to  congress  the  right  to  determine 
when  these  special  cases  exist,  authorizing  them  to  call  forth 
the  whole  of  the  militia,  and  taking  them  from  the  commanders 
in  chief  of  the  several  states,  and  subjecting  them  to  the  com 
mand  of  the  president,  would  place  all  the  militia,  in  effect,  at 
the  will  of  congress,  and  produce  a  military  consolidation  of  the 
states,  without  any  constitutional  remedy,  against  the  intentions 
of  the  people  when  ratifying  the  constitution.  No  inconvenien 
ces  could  reasonably  be  presumed  to  result  from  this  construc 
tion,  as  these  exigencies  are  of  such  a  nature  that  the  existence 
of  them  can  be  easily  ascertained  by,  or  made  known  to  the 
commander  in  chief  of  the  militia,  and  when  ascertained,  the 
public  interest  will  produce  prompt  obedience  to  the  acts  of 
congress.  With  respect  to  the  question  whether  the  militia 
could  be  lawfully  commanded  by  any  officer  appointed  by  the 
president,  the  judges  expressed  their  opinion,  that  the  congress 
may  provide  laws  for  the  government  of  the  militia  when  in 
actual  service,  but  to  extend  this  power  to  the  placing  them  un 
der  the  command  of  an  officer  not  of  the  militia,  except  the 
president,  would  render  nugatory  the  provision,  that  the  militia 
are  to  have  officers  appointed  by  the  states. 

The  governor  further  stated,  that  by  the  request  of  the  in 
habitants  on  the  eastern  boundary  of  Passamaquoddy,  he  had 
called  out  three  companies  of  militia  for  their  protection  from 


$5.]  PROCEEDINGS  OF  CONGRESS.  51 

unauthorized  predatory  incursions  of  lawless  people  on  the 
borders  ;  and  that  two  of  the  companies  would  be  stationed  at 
Eastport  and  one  atRobinston,  until  the  president  should  other 
wise  direct.  The  governor  disclaims  the  intention  of  officiously 
interfering  in  the  measures  of  the  general  government,  but 
thinks,  that  if  the  president  was  fully  acquainted  with  the  situa 
tion  of  the  state,  he  would  have  no  wish  to  call  the  militia  into 
service  in  the  manner  proposed  by  general  Dearborn. 

"  It  is  well  known,"  the  governor  says,  uthat  the  enemy  will 
find  it  difficult  to  spare  troops  sufficient  for  the  def  nee  of  their 
own  territory,  and  predatory  incursions  are  not  likely  to  take 
place  in  this  state  ;  for  at  every  point,  except  Passamaquoddy, 
which  can  present  no  object  to  those  incursions,  the  people  are 
too  numerous  to  be  attacked  by  such  parties  as  generally  en 
gage  in  expeditions  of  that  kind. 

"  General  Dearborn  proposed  that  the  detached  militia  should 
be  stationed  at  only  a  few  of  the  ports  and  places  on  the  coast: 
from  the  rest  a  part  of  their  militia  were  to  be  called  away. 
This  circumstance  would  increase  their  danger:  it  would  invite 
the  aggressions  of  the  enemy,  and  diminish  their  power  of  re 
sistance. 

"  The  whole  coast  of  Cape  Cod  is  exposed  as  much  as  any 
part  of  the  state  to  depredations.  Part  of  the  militia  must,  ac 
cording  to  this  detaching  order,  be  marched  from  their  homes, 
and  yet  no  place  in  the  old  cc!ony  of  Plymouth  is  assigned  to 
be  the  rendezvous  of  any  of  the  detached  militia. 

**  Every  harbour  or  port  within  the  state  has  a  compact  set 
tlement,  and  generally  the  country  around  the  harbours  is  popu 
lous.  The  places  contemplated  in  general  Dearborn's  specifica 
tion  as  the  rendezvous  of  the  detached  militia,  excepting  in  one 
or  two  instances,  contain  more  of  the  militia  than  the  portion 
of  the  detached  militia  assigned  to  them.  The  militia  are  well 
organized,  and  would  undoubtedly  prefer  to  defend  their  fire 
sides  in  company  with  their  friends  under  their  own  officers,  ra 
ther  than  to  be  marched  to  some  distant  place,  while  strangers 
might  be  introduced  to  take  their  places  at  home." 

"  Against  predatory  incursions  the  militia  of  each  place  would 
be  able  to  defend  their  property,  and  in  a  very  short  time  they 
would  be  aided,  if  necessary,  by  the  militia  of  the  surrounding 
country.  In  case  of  a  more  serious  invasion,  whole  brigades  or 
divisions  could  be  collected  seasonably  for  defence.  Indeed,  con 
sidering  the  state  of  militia  in  this  commonwealth,  I  think  there 
can  be  no  doubt  that  detaching  a  part  of  it,  and  distributing  it 
into  small  portions,  will  tend  to  impair  the  defensive  power." 


&  HISTORICAL  REGISTER.  [CKA*. 

The  governor  of  Connecticut  grounded  his  refusal  of  the 
militia  upon  similar  reasons  to  those  of  the  governor  of  Massa 
chusetts.  He  did  not  conceive  that  any  of  the  contingencies 
enumerated  in  the  constitution  existed.  4t  The  war  which  has 
commenced,  and  the  cruising  of  a  hostile  fleet  on  our  coast,  is 
not  invasion,  and  the  declaration  of  the  president,  that  there  is 
imminent  danger  of  invasion,  is  evidently  a  consequence  drawn 
from  the  facts  now  disclosed,  and  is  not  in  my  opinion  warrant 
ed  by  those  facts."  He  trusted  that  the  general  government 
would  speedily  provide  an  adequate  force  for  the  security  and 
protection  of  the  sea  coast,  and  in  the  mean  time  he  had  issued 
the  necessary  orders  to  the  general  officers  commanding  the 
militia  in  that  quarter  to  be  in  readiness  to  repel  any  invasion 
which  might  be  attempted  upon  that  portion  of  the  state,  and 
toco-operate  with  such  part  of  the  national  forces  as  should  be 
employed  for  that  purpose. 

The  president,  in  his  observations  upon  this  correspondence, 
remarks,  "that  if  the  authority  of  the  United  States  to  call  into 
service  and  command  the  militia  for  the  public  defence  can  be 
thus  frustrated,  even  in  a  state  of  declared  war,  and  of  course 
under  apprehensions  of  invasion  preceding  war,  they  are  not  one 
nation  for  the  purpose  most  of  all  requiring  it ;  and  that  the 
public  safety  may  have  no  other  resource  than  in  those  large  and 
permanent  military  establishments  which  are  forbidden  by  the 
principles  of  our  free  government,  arid  against  the  necessity  of 
which  the  militia  \vert  meant  to  be  a  constitutional  bulwark." 

§  6,  The  message  next  adverts  to  the  propositions  for  an 
armistice  and  a  peace  with  Great  Britain.  Immediately  after 
the  declaration  of  war,  Mr.  Russell,  our  charge  d'affaires  at 
London,  was  instructed  to  lay  before  the  British  government 
<4  the  terms  on  which  its  progress  might  be  arrested,  without 
awraiting  the  delays  of  a  formal  and  filial  pacification."  These 
terms  were,  u  that  the  orders  in  council  should  be  repealed  as 
they  affected  the  United  States,  without  a  revival  of  blockades 
violating  acknowledged  rules ;  and  that  there  should  be  an  im 
mediate  discharge  of  American  seamen  from  British  ships,  and 
a  stop  to  impressment  from  American  ships."  As  an  induce 
ment  to  the  British  government  to  discontinue  the  practice  of 
impressing  from  our  vessels,  Mr.  Russell  was  instructed  to  give 
assurance  that  a  law  would  be  passed  (to  be  reciprocal)  to  pro 
hibit  the  employment  of  Briiish  seamen  both  in  public  and  pri 
vate  American  vessels,  and  to  urge  that  such  an  arrangement 
would  be  much  more  efficacious  in  securing  to  Great  Biilain 
her  seamen  than  impressment,  independent  of  all  the  other  ab 
jections  to  it. 


•$  6.J  PROCEEDINGS  OF  CONGRESS.  53 

The  repeal  of  the  orders  in  council  on  the  23d  of  June  having 
removed  one  of  the  obstacles  to  pacification,  it  wus  hoped  that 
beneficial  effects  would  have  resulted  from  this  proposition  of 
the  American  government.  The  British  minister,  however,  in 
his  answer  to  Mr.  Russell's  note,  declared  that  the  prince  regent 
considered  it,  on  various  grounds,  as  absolutely  inadmissible, 
and  expressed  his  surprise,  ll  that  as  a  condition  preliminary 
even  to  a  suspension  of  host  ilities,  the  government  of  the  United 
States  should  have  thought  fit  to  demand,  that  the  British  go 
vernment  should  desist  from  its  ancient  and  accustomed  practice 
of  impressing  British  seamen  from  the  merchant  ships  of  a 
foreign  state,  simply  on  the  assurance  that  a  law  shall  hereafter 
be  passed,  to  prohibit  the  employment  cf  British  seamen  in  the 
public  or  commercial  service  of  that  state."  The  British  go 
vernment  is  however,  as  heretofore,  declared  to  be  ready  "  to 
receive  and  discuss,"  any  proposition  to  accomplish  the  object 
of  impressment;  u  but  they  cannot  consent  to  suspend  the  ex 
ercise  of  a  right  upon  which  the  naval  strength  of  the  empire 
mainly  depends,  until  they  are  fully  convinced  that  means  can 
be  devised,  and  will  be  adopted,  by  which  the  object  to  be  ob 
tained  by  the  exercise  of  that  right  can  be  effectually  secured." 
Mr.  Russell  was  likewise  informed  that  the  British  admiral  on 
the  American  station  had  been  authorized  to  propose  to  the  go 
vernment  of  the  United  States  "  an  immediate  and  reciprocal 
revocation  of  all  hostile  orders,  with  the  tender  of  giving  full 
effect,  in  the  event  of  hostilities  being  discontinued,  to  the  pro 
visions  of  the  [order  of  revocation]  upon  the  conditions  therein, 
specified." 

By  a  subsequent  letter  from  the  secretary  of  state,  which  was 
not  received  until  after  the  rejection  of  the  above  proposition, 
Mr.  Russell  was  instructed,  that  it  was  not  particularly  neces 
sary  that  the  several  points  should  be  specially  provided  for  in 
the  convention  stipulating  the  armistice.  "  A  clear  and  distinct 
understanding  with  the  British  government  on  the  subject  of 
impressment,  comprising  in  it  the  discharge  of  the  men  already 
impressed,  and  on  future  blockades,  if  the  orders  in  council  are 
revoked,  is  all  that  is  indispensable.  The  orders  in  council 
being  revoked,  and  the  proposed  understanding  on  the  other 
points,  that  is  on  blockades  and  impressment,  being  first  obtain 
ed,  in  a  manner,  though  informal,  to  admit  of  no  mistake  or  dis 
agreement  hereafter,  the  instrument  providing  for  the  armistice 
may  assume  a  general  form,  especially  if  more  agreeable  to  the 
British  government." 

The  contents  of  this  letter  appearing  to  Mr.  Russell  to  do 
away  the  objection  that  had  been  urged  to  his  former  proposi- 


54  HISTORICAL  REGISTER.  [CHAP.  i. 

tion,  that  the  British  government  could  not  desist  from  the 
practice  of  impressing  from  American  vessels  simply  on  the 
assurance  that  a  law  should  hereafter  be  passed  to  prohibit  the 
employment  of  British  seamen  ;  immediately  on  its  receipt  he 
called  on  lord  Castlereagh,  to  communicate  to  him  the  powers 
under  which  he  acted.  Finding  that  the  British  minister  was 
out  of  town,  he  transmitted  an  official  note  on  the  subject,  ac 
companied  with  a  private  letter,  offering  any  explanation  which 
might  be  necessary.  A  few  days  after,  Mr.  Russell  had  an 
interview  with  lord  Castlereagh,  at  which  he  put  into  his  hands 
the  instructions  from  the  secretary  of  state.  A  very  interesting 
conversation  took  place  at  this  interview,  in  the  course  of  which 
lord  Castlereagh  observed,  that  the  question  of  impressment 
was  attended  with  difficulties  of  which  neither  Mr.  Russell  nor 
the  American  government  appeared  to  be  aware.  "  Indeed," 
he  continued,  u  there  has  evidently  been  much  misapprehension 
on  this  subject,  and  an  erroneous  belief  entertained  that  an  ar 
rangement,  in  regard  to  it,  has  been  nearer  an  accomplishment 
than  the  facts  will  warrant.  Even  our  friends  in  congress,  I 
mean  (observing  perhaps  some  alteration  in  Mr.  Russell's  coun 
tenance)  those  who  were  opposed  to  going  to  war  with  us,  have 
been  so  confident  in  this  mistake,  that  they  have  ascribed  the 
failure  of  such  an  arrangement  solely  to  the  misconduct  of  the 
American  government.  The  error  probably  originated  with 
Mr.  King,  for,  being  much  esteemed  here,  and  always  well  re 
ceived  by  the  persons  then  in  power,  he  seems  to  have  miscon 
strued  their  readiness  so  listen  to  his  representations,  and  their 
warm  professions  of  a  disposition  to  remove  the  complaints  of 
America,  in  relation  to  impressment,  into  a  supposed  conviction 
on  their  part  of  the  propriety  of  adopting  the  plan  which  he 
had  proposed.  But  lord  St.  Vincent,  whom  he  might  have 
thought  he  had  brought  over  to  his  opinions,  appears  never  for  a 
moment  to  have  ceased  to  regard  all  arrangements  on  the  sub 
ject  to  be  attended  with  formidable,  if  not  insurmountable 
obstacles.  This  is  obvious  from  a  letter  which  his  lordship 
addressed  to  sir  William  Scott  at  the  time."  Here  lord  Castle 
reagh  read  a  letter,  contained  in  the  records  before  him,  in  which 
lord  St.  Vincent  states  to  sir  William  Scott,  the  zeal  with  which 
Mr.  King  had  assailtd  him  on  the  subject  of  impressment,  con 
fesses  his  own  perplexity  and  total  incompetency  to  discover  any 
practical  project  for  the  safe  discontinuance  of  that  practice,  and 
asks  for  council  and  advice.  "  Thus  you  see,"  proceeded  lord 
Castlereagh,  "  that  the  confidence  of  Mr.  King  on  this  point 
was  entirely  unfounded." 


}  r.]  PROCEEDINGS  OF  CONGRESS.  55 

A  day  or  two  after  this  conversation  took  place,  Mr.  Russell 
received  a  note  from  the  British  minister,  in  which  he  stated, 
that  the  prince  regent  did  not  feel  himself  enabled  to  depart 
from  his  former  decision. 

§  7.  In  the  beginning  of  August  the  repeal  of  the  orders  in 
council  was  communicated  to  the  American  government  by  the 
British  authorities  in  Canada  and  Nova  Scotia,  and  an  armistice 
by  land  was  proposed  by  them,  to  be  accompanied  by  a  suspen 
sion  of  the  condemnation  of  prizes,  to  await  the  decision  of  both 
governments.  To  this  proposal  the  president  declined  to  ac 
cede.  The  following  are  stated  as  the  principal  reasons  which 
produced  this  decision. 

"  1st.  The  president  has  no  power  to  suspend  judicial  pro 
ceedings  on  prizes.  A  capture,  if  lawful,  vests  a  right,  over 
which  he  has  no  controul.  Nor  could  he  prevent  captures  other 
wise  than  by  an  indiscriminate  recalof  the  commissions  granted 
to  our  privateers,  which  he  could  not  justify  under  existing  cir 
cumstances. 

"  2d.  The  proposition  is  not  made  by  the  British  government, 
nor  is  there  any  certainty  that  it  would  be  approved  by  it.  The 
proposed  arrangement,  if  acceded  to,  might  not  be  observed  by 
the  British  officers  themselves,  if  their  government,  in  conse 
quence  of  the  war,  should  give  them  instructions  of  a  different 
character,  even  if  they  were  given  without  a  knowledge  of  the 
arrangement. 

u  3d.  No  security  is  given,  or  proposed,  as  to  the  Indians, 
nor  could  any  be  relied  on.  They  have  engaged  in  the  war  oil 
the  side  of  the  British  government,  and  are  now  prosecuting  it 
with  vigour,  in  their  usual  savage  mode.  They  can  only  be 
restrained  by  force,  when  once  let  loose,  and  that  force  has  al 
ready  been  ordered  out  for  the  purpose. 

"  4th.  The  proposition  is  not  reciprocal,  because  it  restrains 
the  United  States  from  acting  where  their  power  is  greatest,  and 
leaves  Great  Britain  at  liberty,  and  gives  her  time  to  augment 
her  forces  in  our  neighbourhood. 

"  5th.  That  as  a  principal  object  of  the  war  is  to  obtain  re 
dress  against  the  British  practice  of  impressment,  an  agree 
ment  to  suspend  hostilities,  even  before  the  British  government 
is  heard  from  on  that  subject,  might  be  considered  a  relinquish- 
ment  of  that  claim. 

u  6th.  It  is  the  more  objectionable,  and  of  the  less  impor 
tance,  in  consideration  of  the  instructions  heretofore  given  Mr. 
Russell,  which,  if  met  by  the  British  government,  may  have 
already  produced  the  same  result  in  a  greater  extent  and  more 
satisfactory  form." 


56  HISTORICAL  REGISTER.  [CHAP.  i. 

§  8.  Early  in  October  the  expected  communication  was  re 
ceived  by  government  from  admiral  Warren,  the  commander  of 
the  British  squadron  on  the  American  station.  In  this  he  stated 
that  he  was  commanded  to  propose  the  immediate  cessation  of 
hostilities  on  the  ground  of  the  repeal  of  the  orders  in  council, 
and  to  arrange  with  government  as  to  the  revocation  of  the  laws 
interdicting  the  ships  of  war  and  the  commerce  of  Great  Britain 
from  the  harbours  and  waters  of  the  United  States,  intimating, 
that  if  that  proposition  was  not  acceded  to,  the  orders  in  council, 
being  only  conditionally  repealed,  would  be  revived  against  the 
commerce  of  the  United  States. 

In  the  answer  of  the  American  government  it  was  stated,  that 
experience  had  evinced  that  no  peace  could  be  durable  without 
an  adjustment  of  the  subject  of  impressment,  and  that  an  armis 
tice  could  not  be  agreed  to  without  a  clear  and  distinct  under 
standing  upon  that  subject.  But  that  if  there  was  no  objection 
to  an  accommodation  of  the  difference  relating  to  impressment 
other  than  the  suspension  of  the  British  claim  during  the  armis 
tice,  there  could  be  none  to  proceeding  without  the  armistice  to 
an  immediate  discussion  and  arrangement  of  an  article  on  that 
subject;  and  that  this  great  question  being  satisfactorily  adjust 
ed,  the  way  would  be  open  for  an  armistice,  or  any  other  course 
leading  to  a  general  pacification.  No  further  correspondence 
took  place  on  this  subject. 

§  9.  The  message  next  takes  a  cursory  view  of  the  relations 
of  the  United  States  with  other  foreign  nations.  The  state  of 
the  military  and  naval  establishments  is  strongly  pressed  on  the 
earliest  attention  of  Congress,  together  with  a  revision  of  the 
militia  laws.  The  subject  of  British  licenses  and  improper 
intercourse  with  the  enemy  is  likewise  recommended  to  their 
attention. 

§  10.  A  number  of  American  vessels,  which  were  in  Eng 
land  when  the  revocation  of  the  orders  in  council  took  place, 
were  laden  with  British  manufactures,  under  the  impression  that 
the  non-importation  act  would  immediately  cease  to  operate. 
These  vessels  were  seized  by  the  collectors  on  their  arrival  in 
the  United  States,  and  some  of  them  were  even  captured  at  sea, 
and  sent  in  as  prizes  by  the  American  privateers.  This  sub 
ject  was  recommended  by  the  president  to  the  consideration 
and  decision  of  congress,  it  not  appearing  to  him  proper  to 
exercise,  "  on  unforeseen  cases  of  such  magnitude,  the  ordi 
nary  powers  vested  in  the  treasury  department  to  mitigate 
forfeitures,  without  previously  affording  to  congress  an  oppor 
tunity  of  making  on  the  subject  such  provision  as  they  may 
think  proper." 


}  11,  12.]    PROCEEDINGS  OF  CONGRESS.  57 

}  11.  The  receipts  into  the  treasury,  during  the  year  ending 
September  30,  are  stated  to  have  exceeded  sixteen  and  a  half 
millions  of  dollars,  including  near  $5,850,000  received  on  ac 
count  of  the  loan  of  ekven  millions.  These  receipts  were  suffi 
cient  to  discharge  all  the  demands  on  the  treasury  to  that  date, 
including  a  necessary  reimhursemept  of  near  three  millions  of 
the  principal  of  the  public  debt.  The  residue  of  the  loan,  toge 
ther  with  the  current  revenue,  are  stated  to  be  sufficient  to  de 
fray  the  expenses  of  the  remainder  of  the. year,  and  the  duties 
on  the  late  unexpected  importations  of  British  manufactures  to 
render  the  revenue  of  the  ensuing  year  more  productive  than 
could  have  been  anticipated. 

§12.  The  president  concludes  his  message  as  follows:  "  The 
situation  of  our  country,  fellow  citizens,  is  not  without  its  diffi 
culties  ;  though  it  abounds  in  animating  considerations,  of  which 
the  view  here  presented  of  our  pecuniary  resources  is  an  exam 
ple.  With  more  than  one  nation,  we  have  serious  and  unset 
tled  controversies ;  and  with  one,  powerful  in  the  means  and 
habits  of  war,  we  are  at  war.  The  spirit  and  strength  of  the  na 
tion  are  nevertheless  equal  to  the  support  of  all  its  rights,  and 
to  carry  it  through  all  its  trials.  They  can  be  met  in  that  con 
fidence.  Above  all,  we  have  the  inestimable  consolation  of 
knowing,  that  the  war  in  which  we  are  actually  engaged  is  a 
war  neither  of  ambition  nor  of  vain  glory  -,  that  it  was  waged, 
not  in  violation  of  the  rights  of  others,  but  in  the  maintenance 
of  our  own  ;  that  it  was  preceded  by  a  patience  without  example, 
under  wrongs  accumulating  without  end;  and  that  it  was  final 
ly  not  declared  until  every  hope  of  averting  it  was  extinguished, 
by  the  transfer  of  the  British  sceptre  into  new  hands  clinging  to 
former  councils  ;  and  until  declarations  were  reiterated  to  the 
last  hour,  through  the  British  envoy  here,  that  the  hostile 
edicts  against  our  commercial  rights  and  our  maritime  indepen 
dence  would  not  be  revoked ;  nay,  that  they  could  not  be  re 
voked,  without  violating  the  obligations  of  Great  Britain  to 
other  powers,  as  well  as  to  her  own  interests.  To  have  shrunk, 
under  such  circumstances,  from  manly  resistance,  would  have 
been  a  degradation  blasting  our  best  and  proudest  hopes  :  it 
would  have  struck  us  from  the  high  rank,  where  the  virtuous 
struggles  of  our  fathers  had  placed  us,  and  have  betrayed  the 
magnificent  legacy  which  we  hold  in  trust  for  future  genera 
tions.  It  would  have  acknowledged,  that  on  the  element  which 
forms  three-fourths  of  the  globe  \ve  inhabit,  and  where  all 
independent  nations  have  equal  and  common  rights,  the  Ameri 
can  people  were  not  an  independent  people,  bin  colonists 
and  vassals.  It  was  at  this  moment,  and  with  such  an  alterna- 

VOL.  i.  K 


58  HISTORICAL  REGISTER.          [CHAP.  n. 

tive,  that  war  was  chosen.  The  nation  felt  the  necessity  of  it, 
and  called  for  it.  The  appeal  was  accordingly  made,  in  a  just 
cause,  to  the  just  and  all-powerful  Being  who  holds  in  his  hand 
the  chain  of  events  and  the  destiny  of  nations.  It  remains  only, 
that,  faithful  to  ourselves,  entangled  in  no  connections  with  the 
views  of  other  powers,  and  ever  ready  to  accept  peace  from  the 
hand  of  justice,  we  prosecute  the  war  with  united  counsels, 
and  with  the  ample  faculties  of  the  nation,  until  peace  be  so 
obtained,  and  as  the  only  means,  under  the  divine  blessing,  of 
speedily  obtaining  it." 


CHAPTER  II. 


§  1.  Prohibition  of  exports.  §  2.  Merchants*  Bonds.  §3.  Seamen's  bill.  §  4. 
Certificates  of  registry.  §  5.  Increase  of  Army  pay.  §  6.  Twelve-months' 
men.  §  7.  Organization  of  the  staff.  §  8.  Army  supplies.  §  9.  Expresses 
from  the  seat  of  war.  §  10.  Classification  of  the  militia.  §  11.  Increase 
of  volunteer  and  militia  pay.  §  12.  Report  on  the  naval  establishment. 
§  13.  Increase  of  the  navy.  §  14.  Privateers.  §  15.  Regulation  of  prize  cause?. 
§  16.  Torpedoes.  §  17.  Retaliation. 

$  1.  THE  first  business  of  importance  which  occupied  con 
gress  after  the  appointment  of  the  usual  standing  and  select 
committees,  was  a  motion  submitted  by  Mr.  Harper,  in  the 
house  of  representatives,  on  the  6th  of  November,  with  closed 
doors,  as  follows  : 

Resolved,  that  the  committee  of  commerce  and  manufactures 
be  instructed  to  enquire  into  the  expediency  of  prohibiting  by 
law  the  exportation  of  flour  and  other  bread  stuffs  from  the 
United  States  and  the  territories  thereof,  and  that  they  report 
by  bill  or  otherwise. 

This  motion  was  the  same  day  negatived  by  a  large  majority. 

On  the  first  of  December  Mr.  Newton  offered  a  resolution  to 
the  house,  going  to  instruct  the  committee  of  commerce  and 
manufactures  to  enquire  into  the  propriety  of  restricting  the 
export  of  provision  and  naval  stores,  so  as  to  prevent  those  ar 
ticles  from  being  carried  to  the  ports  of  the  enemy.  This  reso 
lution  shared  the  fate  of  the  former,  being  negatived  by  a  majority 
of  one  vote.  On  the  following  day  Mr.  Harper  moved  a  reconsi 
deration  of  the  resolution,  on  the  ground  of  the  thinness  of  the 
house  the  day  before.  The  yeas  and  nays  were  called  for,  when 
it  being  found  that  the  votes  were  equally  divided,  the  casting  vote 


}2.]  PROCEEDINGS  OF  CONGRESS.  59 

was  given  by  the  speaker  in  the  negative,  and  the  house  conse 
quently  refused  to  consider  the  resolution. 

§  2.  The  next  important  topic  that  occupied  the  attention  of 
congress  was  that  of  the  merchants'  bonds.  From  the  singu 
larity  of  the  situation  in  which  the  merchants  were  placed,  and 
the  great  amount  at  stake,  upwards  of  eighteen  millions  of  dol 
lars,  this  subject  excited  an  unusual  degree  of  interest,  not  only 
in  congress,  but  throughout  the  union.  In  order  to  present  a 
clear  view  of  the  subject,  it  will  be  necessary  to  take  a  review 
of  the  acts  of  the  United  States  as  they  respect  Great  Bri 
tain  and  France  for  the  last  three  years.  In  doing  this,  we 
shall  be  as  concise  as  perspicuity  will  allow. 

On  the  first  of  May,  1810,  a  law  was  passed  forbidding  Bri 
tish  and  French  armed  vessels  from  entering  the  waters  of  the 
United  States,  on  account  of  their  numerous  violations  of  our 
neutral  commerce.  The  same  law  enacted,  that,  "  In  case 
either  Great  Britain  or  France  shall,  before  the  third  day  of 
March  next,  so  revoke  or  modify  her  edicts  as  that  they  shall 
cease  to  violate  the  neutral  commerce  of  the  United  States, 
which  fact  the  president  of  the  United  States  shall  declare  by 
proclamation,  and  if  the  other  nation  shall  not  in  three  months 
thereafter  so  revoke  or  modify  her  edicts  in  like  manner,"  then 
certain  sections  of  an  expired  law  interdicting  commercial  in 
tercourse  with  these  nations  were  to  be  revived  in  relation  to 
the  nation  refusing  to  revoke  her  obnoxious  edicts.  These 
sections  forbid,  under  penalty  of  forfeiture  of  vessel  and  cargo, 
the  importing  into  the  United  States,  or  the  putting  on  board 
any  vessel  in  a  foreign  port  with  intent  thus  to  import,  any 
merchandise  of  British  or  French  growth  or  manufacture,  from 
whatever  port  imported,  and  any  merchandise  whatever  from 
a  British  or  French  port. 

On  the  5th  of  August  following,  the  French  minister  of  fo 
reign  relations  wrote  to  Mr.  Armstrong,  then  American  minis 
ter  at  the  court  of  France,  that  "  the  Berlin  and  Milan  decrees 
are  revoked,  and  that  from  the  first  of  November  they  will 
cease  to  be  in  force,  it  being  understood,  that,  in  consequence 
of  this  declaration,  the  English  shall  revoke  their  orders  in 
council,  and  renounce  the  new  principles  of  blockade  which 
they  have  attempted  to  establish,  or  that  the  United  States,  con 
formably  to  the  act*  you  have  just  communicated,  shall  cause 
their  rights  to  be  respected  by  the  English." 

In  pursuance  of  the  powers  vested  in  him  by  the  law  of  the 
first  of  May,  the  president,  in  consequence  of  this  declaration 
of  the  French  government,  issued  a  proclamation  on  the  3d  of 

*  Of  the  first  of  May,  1810. 


60  HISTORICAL  REGISTER.  [CHAP.  n. 

November,  declaring  the  Berlin  and  Milan  decrees  to  be  re 
pealed.  This  proclamation  was  accompanied  by  a  circular  from 
the  treasury  department  to  the  collectors  of  the  customs,  order 
ing  that,  unless  they  should  be  officially  notified,  by  the  trea 
sury  department,  before  the  2d  of  February,  of  the  revocation. 
or  modification  of  the  British  edicts  violating  the  neutral  com 
merce  of  the  United  States,  they  should  proceed  to  carry  into 
effect  the  law  prohibiting  the  entrance  of  British  vessels,  and 
the  importation  of  articles  of  the  growth,  produce,  or  manutac- 
ture  of  Great  Britain. 

On  the  meeting  of  congress,  memorials  were  presented  to 
them  from  most  of  the  mercantile  cities,  stating  the  peculiar 
hardships  which  would  result  to  the  merchants  by  enforcing  the 
non-intercourse  with  Great  Britain  so  early  as  the  second  of 
February,  and  stating  that  orders  had  been  sent  for  goods  pre 
vious  to  the  issuing  of  the  president's  proclamation,  which  would 
not  arrive  till  after  that  date,  and  of  course  would  be  liable  to 
seizure  and  condemnation.  For  the  relief  of  these  cases  an  act 
was  passed  on  the  second  of  March,  1811,  exempting  from  for 
feiture  all  vessels  which  should  have  left  a  British  port  prior  to 
the  second  of  February.  The  same  act  provided,  that  in  case 
Great  Britain  should  so  revoke  or  modify  her  edicts  as  that 
they  should  cease  to  violate  the  neutral  commerce  of  the  United 
States,  the  president  should  declare  the  fact  by  proclamation, 
from  the  date  of  which  all  restrictions  should  cease.  No  other 
evidence,  however,  of  the  revocation  was  to  be  admitted  except 
the  proclamation.  A  great  amount  of  property  was  relieved 
from  confiscation  by  this  act,  but  it  did  not  operate  equally.  A 
number  of  vessels,  finding  they  could  not  reach  their  destined 
ports  in  America  previous  to  the  second  of  February,  altered 
their  course  for  some  of  the  British  dependencies  in  America, 
where  the  goods  were  landed.  These  goods,  of  course,  were 
excluded  from  the  benefit  of  the  extension  granted  by  congress, 
and  were  stored  until  some  arrangements  should  take  place  be 
tween  Great  Britain  and  the  United  States. 

On  the  18th  of  June,  1812,  war  was  declared  by  the  United 
States  against  Great  Britain.  On  the  23d  of  the  same  month, 
an  order  in  council  was  issued  by  the  British  government,  re 
voking  her  hostile  edicts  so  far  as  related  to  the  United  States, 
subject  to  certain  specified  conditions.  Immediately  after  the 
promulgation  of  this  order  a  number  of  shipments  were  made 
on  board  of  American  vessels  in  Great  Britain,  most  of  them 
in  conformity  with  previous  orders  from  merchants  in  America  to 
their  correspondents  in  England  to  make  suchshipments  immedi 
ately  on  the  revocation  of  the  orders  in  council,  on  the  presump- 


v>  s.J  PROCEEDINGS  OF  CONGRESS.  61 

tion  that  the  proclamation  of  the  president  would  immediately 
follow.  The  news  of  the  declaration  of  war  reached  England 
on  the  30th  of  July,  and  an  embargo  was  immediately  laid  on 
American  vessels.  On  the  ensuing  day,  however,  they  were  by 
order  in  council  permitted  to  proceed  to  the  United  States  with 
cargoes  of  British  merchandise,  being  for  that  purpose  provided 
with  licenses  protecting  them,  notwithstanding  existing  hostili 
ties,  from  capture  by  British  cruizers.  On  their  arrival  in  the 
United  States  these  vessels  were  seized  and  libelled  by  the  col 
lectors,  pursuant  to  instructions  from  the  treasury  department. 

After  the  declaration  of  war,  most  of  the  goods  which  had 
been  carried  into  the  British  dependencies  on  account  of  not  be 
ing  able  to  reach  the  United  States  before  the  2d  of  February, 
1811,  were  imported,  and  seized  in  like  manner. 

The  committee  of  ways  and  means,  to  whom  the  subject  had 
been  referred  by  the  house  of  representatives,  made  a  report 
on  the  25th  of  November,  on  the  subject  of  the  direct  importa 
tions  from  Great  Britain  and  Ireland.  This  report  was  accom 
panied  by  a  correspondence  with  the  secretary  of  the  treasury; 
by  a  detailed  examination  of  committees  of  merchants  from 
Boston,  New- York,  Philadelphia,  and  Baltimore,  and  affidavits 
and  letters  from  a  number  of  other  merchants  ;  and  by  a  otate- 
ment  made  by  Mr.  Russell  to  the  committee^ 

The  secretary  stated,  that  however  reasonable  the  expectation 
of  the  discontinuance  of  the  non  importation  act  might  have 
been,  yet  as  not  only  the  act  had  made  the  president's  proclama 
tion  the  only  evidence  of  the  fact,  but  that  the  restrictions  were  to 
cease,  not  from  the  date  of  the  revocation  of  the  orders  in  coun 
cil,  but  from  the  date  of  the  proclamation ;  that  the  act  to  put 
merchandise  onboard  a  vessel  with  intent  to  import  was  forbid 
den  by  those  restrictions,  and  that  (all  the  merchandise  having 
been  thus  laden,  either  prematurely  and  before  a  proclamation 
could  in  point  of  time  be  issued  by  the  president,  or  after  the 
knowledge  of  war)  all  the  shipments  were  therefore  made  in 
direct  contravention  of  an  existing  provision ;  the  collectors 
were  therefore  instructed  to  seize  and  libel  all  such  vessels  and 
cargoes  without  discrimination.  No  exception  was  made  with 
respect  to  vessels  captured  and  sent  in  by  American  privateers, 
because,  if  American  property,  their  right  to  make  prizes  was 
by  law  confined  to  enemy's  property,  and  whether  American  or 
enemy's,  the  forfeiture  to  the  United  States  had  been  incurred 
from  the  date  of  the  shipment,  and  could  not  be  superseded  by 
a  subsequent  capture.  Instructions  to  prevent  any  interference 
in  that  respect  by  either  public  or  private  armed  vessels  were 
also  issued  by  the  president ;  such  interference  being  consider- 


62  HISTORICAL  REGISTER.         [CHAP.  n. 

ed  wholly  unnecessary,  since  the  vessels  from.  England  were  of 
their  own  accord  coming  into  the  ports  of  the  United  States.  It 
appears,  however,  that  in  some  cases  the  owners  of  privateers 
contested  a  prior  claim  to  forfeiture  of  the  United  States,  and 
those  cases,  of  course,  were  before  the  courts. 

A  considerable  diversity  took  place  in  different  states  with 
respect  to  the  disposal  of  the  goods  thus  seized.  The  district 
attorneys  had  been  instructed  by  the  comptroller  of  the  treasury, 
previous  to  the  war,  to  oppose  every  motion  of  the  claimants  of 
prohibited  merchandise  for  its  restoration  on  giving  bond  for 
its  appraised  value,  on  the  grounds  of  such  restoration  being 
contrary  both  to  the  spirit  and  letter  of  the  non-importation  act, 
the  policy  and  intention  of  which  was  to  shut  the  door,  as  effec 
tually  as  possible,  against  the  introduction  of  British  manufac 
tures,  the  exclusion  of  which  might  be  totally  defeated  by  an  op 
posite  construction,  as  the  enhanced  value  of  the  British  com 
modity,  arising  from  a  general  scarcity,  might  make  it,  in  most 
cases,  the  interest  of  the  importer  to  forfeit  his  bond.  It  appear 
ing,  however,  that  the  judges  of  some  of  the  most  commercial 
districts,  notwithstanding  the  opposition  on  the  part  of  the  Uni 
ted  States,  continued  to  order  the  restoration  of  the  British 
merchandise  ;  no  appeal  being  practicable,  since  the  orders 
were  immediately  executed;  and  the  commercial  interest  of  those 
districts  where  the  restoration  was  refused  being  deeply  affected 
by  the  want  of  uniformity  in  the  decisions,  the  comptroller  au 
thorized  the  district  attorneys  to  withdraw  their  opposition  in 
all  cases  of  bona-fide  American  property. 

The  secretary,  in  conclusion,  states  it  to  be  his  opinion,  that, 
so  far  as  could  be  judged  from  the  current  price  of  goods,  and 
from  sales  said  to  have  taken  place,  the  supposition  that  they 
had  been  or  could  be  generally  made  so  as  to  cover  the  whole 
amount  of  the  bonds,  as  well  as  the  prime  cost,  charges,  and  du 
ties,  though  perhaps  true  in  some  particular  instances,  was  no 
doubt  greatly  exaggerated.  That  it  was,  however,  an  indispu 
table  fact,  that  the  importation  fell  far  short  of  the  ordinary  an 
nual  importations  from  Great  Britain,  and  of  the  actual  demand 
for  most  species  of  the  merchandise  imported ;  and  that  the 
goods  were  accordingly  generally  sold  at  an  advance  greater 
than  the  usual  profits  of  importers.  The  difference  constituted 
an  extraordinary  profit,  and  was  a  tax  levied  on  the  community 
by  the  persons  who  imported  the  merchandise  contrary  to  law ; 
which  extra  profit  or  tax  was  solely  due  to  the  non-importation 
act  continuing  in  force  with  respect  to  all  other  persons  and  im 
portations.  The  secretary  accordingly  submitted  it  as  his  opi 
nion,  that  the  one  half  of  the  forfeitures  which  would  otherwise 


§  2.]  PROCEEDINGS  OF  CONGRESS.  63 

fall  to  the  share  of  collectors  ought  to  be  remitted  ;  but  that, 
with  respect  to  the  one  half  belonging  to  the  United  States,  jus 
tice  to  the  community  required  that,  when  remitted,  at  least  an 
equivalent  should  be  secured  to  the  public  for  the  extra  profit, 
beyond  that  on  common  importations,  which  arises  from  the 
continuance  of  the  non-importation  act. 

The  statements  made  by  the  merchants,  who  are  mentioned 
by  the  committee  as  men  of  character  and  respectability,  were 
delivered  apparently  with  such  fairness  and  candour  as  induced 
the  committee  to  give  much  credit  to  them.  These  statements 
went  principally  to  prove,  that  they  were  innocent  of  intentional 
violations  of  the  prohibitory  law,  and  that  the  current  reports  of 
the  enormous  advances  obtained  by  importers  were  not  well 
founded,  and  had  probably  originated  from  a  misunderstanding 
of  the  mode  of  selling  English  goods  in  some  of  the  cities.  That 
in  New  York,  for  instance,  it  is  usual  to  demand  and  obtain 
three  for  one  in  the  sale  of  such  goods,  which  means  £  3  New 
York  currency  for  £  1  sterling,  which  really  yields  but  68|  per 
cent,  advance  on  the  prime  cost.  They  admitted  that  particular 
articles  had  been  sold  for  very  high  prices ;  but  these  articles 
were  few  in  number,  and  were  more  than  counterbalanced  by 
the  losses  sustained  on  others,  arising  from  the  change  of  fash 
ions,  or  the  competition  of  American  manufactures,  which  had 
grown  up  or  increased  in  quantity  while  these  goods  had  been 
kept  in  England  by  the  non-importation  law,  at  the  expense  and 
risk  of  their  owners,  and  from  the  unsaleableness  of  goods  for 
the  southern  market  from  the  expense  or  impracticability  of  land 
carriage,  and  the  risk  of  water  conveyance  from  thecruizers  of 
the  enemy.  They  stated  likewise  that  the  high  prices  which 
had  been  obtained  on  some  articles  had  been  often  received  by 
second  or  third  purchasers  and  not  by  the  importers,  the  second 
purchasers  being  often  a  species  of  jobbers,  who,  having  money 
at  command,  and  being  well  acquainted  with  the  state  of  the 
market,  when  there  is  a  scarcity  of  a  particular  article,  mono 
polize  it  and  raise  the  price.  These  statements  were  corrobo 
rated  and  confirmed  by  declarations  made  on  oath,  by  persons 
disinterested,  as  well  as  those  interested  in  these  importations. 

Mr.  Russell,  late  American  charge  d'affaires  in  Great  Britain, 
who  attended  the  committee  at  their  request,  stated,  that  after 
the  revocation  of  the  orders  in  council,  many  of  the  American 
merchants  applied  to  him  to  obtain  his  opinion,  whether  they 
could  ship  British  manufactures  to  the  United  States  with  safe 
ty,  or  not?  That  before  the  revocation  of  the  orders,  upon  con 
sidering  the  whole  circumstances  of  the  case,  examining  the 
words  of  the  law,  and  perceiving  that  its  operation  depended 


64  HISTORICAL  REGISTER.         [CHAP.  ir. 

solely  on  the  revocation  of  the  orders  in  council ;  considering 
the  evident  bearing  of  the  examinations  in  parliament,  and  the 
ground  on  which  the  opposition  contended  for  the  revocation  of 
the  orders,  which  was  not  so  much  an  act  of  justice  to  the  Uni 
ted  States,  as  the  advantage  that  was  promised  to  their  own  ma 
nufactures,  he  thought  it  his  duty  to  countenance  the  idea  that 
shipments  made  after  the  revocation  of  the  orders  would  be  ad 
mitted  into  the  United  States ;  that  this  ground  was  taken  by 
the  advocates  for  a  revocation  of  the  orders,  who  declared  that 
they  would  advise  their  friends  to  ship,  as  they  believed  ship 
ments,  in  the  event  of  a  revocation,  might  be  made  with  safety, 
and  that  he  thought  good  policy  required  him  to  countenance  the 
idea,  in  order  toco-operate  as  far  as  possible  with  the  advocates 
of  the  revocation  of  the  orders.  That  after  the  revocation  of 
the  orders,  he  continued  to  declare,  and  did  declare  to  the  mer 
chants  who  applied  to  him,  as  his  opinion,  that  they  might  make 
shipments  with  safety.  This  opinion  applied  only  to  the  cases 
where  shipments  were  made  before  the  war;  after  a  knowledge 
of  the  war  had  reached  England  he  declared  distinctly  to  the 
merchants,  that  the  ground  of  a  probable  annulment  of  the  non 
importation  act  by  the  government  of  the  United  States  had 
ceased.  Mr.  Russell  stated,  however,  that  after  the  knowledge 
of  the  declaration  of  war  had  reached  England,  he  did  still  ad 
vise  the  American  merchants  to  ship;  because,  if  the  property 
remained  in  England  during  the  war,  it  would  be  ruinous  to  the 
holders.  Many  persons,  after  the  revocation  of  the  orders,  and 
before  the  news  of  war  arrived,  had  made  purchases.  He  would 
not  be  understood  to  say,  that  he  advised  the  merchants  that  in 
case  the  law  should  not  be  repealed,  they  would  be  permitted 
to  enjoy  the  advantages  of  a  monopoly  and  the  consequent  ex 
traordinary  profits,  but  merely  that  the  property  would  not  be 
confiscated;  this,  however,  he  said,  was  not  at  all  a  subject  of 
conversation.  His  opinion  that  shipments  might  be  made  with 
safety,  was  founded  as  well  on  a  presumption  that  the  lawr  would  be 
annulled,  as  that  the  shippers  would,  in  any  event,  be  placed  as 
nearly  as  possible  on  the  footing  on  which  they  would  have 
stood,  had  the  law  been  annulled.  That  if  the  law  should  not 
be  annulled,  the  special  circumstances  under  which  the  ship 
ments  were  made  would  entitle  them  to  an  exemption  from  its 
penalties. 

The  committee,  in  their  report  to  the  house,  stated,  that,  on  a 
view  of  the  whole  subject,  they  were  of  opinion,  that  the  secre 
tary  of  the  treasury  had  full  power  to  remit  or  mitigate  the  pe 
nalties  and  forfeitures  incurred,  should  an  interposition  in  either 
way  be  called  for  by  the  circumstances  of  the  case.  That  they 


J  2.]  PROCEEDINGS  OF  CONGRESS.  65 

considered  it  inexpedient  to  legislate  on  the  subject,  and  there 
fore  recommended  that  the  petitions,  with  the  accompanying 
documents,  be  referred  to  the  secretary  of  the  treasury. 

On  the  tenth  of  December,  the  house,  in  committee  of  the 
whole,  negatived  by  a  majority  of  three  the  resolution  recom 
mended  by  the  committee  of  ways  and  means,  to  refer  the  pe 
titions  to  the  secretary  of  the  treasury.  A  motion  was  made 
for  unconditionally  remitting  the  penalties,  which  was  negatived 
by  a  majority  of  eight.  Resolutions  were  also  offered  for  dis 
criminating  between  purchasers  before  and  after  the  passage  of 
the  non-importation  law,  enforcing  in  the  latter  case,  and  remit 
ting  in  the  former,  which  were  negatived  by  large  majorities. 
A  resolution  was  then  offered  declaring  that  the  law  ought  to 
be  rigidly  enforced.  This  motion  was  also  negatived,  17  mem 
bers  only  rising  in  favour  of  it.  The  committee  of  the  whole 
then  rose,  and  reported  their  disagreement  to  the  report  of  the 
committee  of  ways  and  means,  without  having  come  to  any 
other  determination. 

On  the  15th  a  bill  was  received  from  the  senate,  on  the  pas 
sage  of  which  only  five  voted  in  the  negative,  directing  the  se 
cretary  of  the  treasury  to  remit,  on  payment  of  the  costs,  in  all 
cases  in  which  shipments  of  American  propertv  had  been  made 
between  the  23d  of  June  (the  date  of  the  revocation  of  the  or 
ders  in  council)  and  the  15th  of  September  (the  time  limited 
by  the  British  government  for  obtaining  protecting  licenses), 
excepting  in  cases  in  which  the  goods  were  purchased  after  a 
knowledge  of  the  war.  This  bill  was  passed  in  the  house  by  a 
majority  of  three,  on  the  23d,  with  two  amendments,  which 
were  concurred  in  by  the  senate,  one  of  which  excluded  from 
the  operation  of  the  bill  the  cases  of  goods  brought  from  Cana 
da  and  other  British  dependencies,  the  other  related  to  the  se 
curing  the  duties  on  the  forfeited  goods. 

A  bill  was  subsequently  introduced  in  the  house  of  represen 
tatives,  for  the  remission  of  bonds,  on  payment  of  costs  and  se 
curing  duties,  in  cases  where  the  goods  had  been  imported  from 
the  dependencies  of  Great  Britain  (which  had  been  excluded 
from  the  former  bill) ;  provided  that  the  goods  had  no  been 
clandestinely  imported,  were  bona  fide  American  property,  had 
been  imported  since  the  declaration  of  war,  and  shipped  from 
Great  Br  tain  or  Ireland  previous  to  February  2d,  1811.  This 
bill  was,  on  its  third  reading,  negatived  by  a  small  majority; 
but  a  similar  one  was  a  day  or  two  after  received  from  the  se 
nate,  and  concurred  in  by  the  house.  By  the  non-intercourse 
bill  of  March  2,  1811,  it  was  provided,  that  nothing  therein  con 
tained  should  be  construed  to  effect  any  ships  or  vessels  or  their 
VOL.  I.  L 


66  HISTORICAL  REGISTER.  [CHAP.  n. 

cargoes,  the  property  of  American  citizens,  which  had  cleared 
out  for  the  Cape  of  Good  Hope,  or  any  port  beyond,  prior  to  No 
vember  10,  1810.  Shortly  after  the  declaration  of  war,  an  act 
was  passed  admitting  to  entry  all  other  American  vessels  which 
had  been  laden  in  any  of  the  ports  of  India,  for  which  bonds* 
had  been  given  for  the  landing  of  their  cargoes  in  the  United 
States,  provided  that  the  duties  on  such  cargoes  should  be  se 
cured  or  paid,  and  the  cargoes  be  deposited  in  the  public  stores, 
subject  to  the  decision  of  congress.  On  the  27th  of  January, 
1813,  an  act  was  passed  remitting  all  forfeitures  in  such  cases. 
§  3.  The  committee  to  whom  was  referred  so  much  of  the 
president's  message  as  related  to  our  foreign  affairs,  made  along 
report  to  the  house  on  the  29th  of  January,  accompanied  with  a 
bill  for  the  regulation  of  seamen  on  board  public  vessels  and  in 
the  merchant  service  of  the  United  States.  The  report  is  con 
fined  to  the  subject  of  our  dispute  with  Great  Britain  relative 
to  impressment.  After  approbating  the  conduct  of  the  execu 
tive  in  regard  to  the  pacific  advances  made  to  Great  Britain, 
the  committee  state,  that  it  now  remains  for  the  United  States 
to  take  their  final  attitude,  and  to  maintain  it  with  consistency, 
and  with  unshaken  firmness  and  constancy. 

"With  the  British  claim  to  impress  British  seamen,"  say  the 
committee,  "the  United  States  have  no  right  to  interfere,  pro 
vided  it  be  in  British  vessels  or  in  any  other  than  those  of  the 
United  States.  That  American  citizens  should  be  exempted 
from  its  operation  is  all  that  they  demand.  Experience  has 
shown  that  this  cannot  be  secured  otherwise  than  by  the  vessel 
in  which  they  sail.  Take  from  American  citizens  this  barrier, 
which  ought  to  be  held  sacred,  and  there  is  nothing  to  protect 
them  against  the  rapacious  grasp  of  the  British  navy.  This 
then  is  the  extent  of  the  demand  of  the  United  States ;  a  de 
mand  so  just  in  itself,  so  consistent  and  inseparable  from  their 
rights  as  an  independent  nation,  that  it  has  been  a  cause  of  as 
tonishment  that  it  should  ever  have  been  called  in  question.  The 
foundation  of  the  British  claim  is.,  that  British  seamen  find  em 
ployment  in  the  service  of  the  United  States:  this  is  represented 
as  an  evil  affecting  essentially  the  great  interests  of  the  British 
nation.  This  complaint  would  have  more  weight,  if  sanctioned 
by  the  British  example.  It  is  known,  on  the  contrary,  that  it  is 
in  direct  repugnance  to  it.  Great  Britain  does  not  scruple  to 
receive  into  her  service  all  who  enter  into  it  voluntarily.  If 
she  confined  herself  within  that  limit,  the  present  controversy 

_*  By  the  commercial  regulations  of  the  British  settlements  injtlie  East  In 
dies,  all  foreign  vessels  are  obliged  to  give  bond  for  the  landing  of  their  car 
goes, in  the  country  to  tvhich  they  respectively  belong. 


y3.j  PROCEEDINGS  OF  CONGRESS.  67 

would  not  exist.  Heretofore  the  subjects  of  even  the  most  des 
potic  powers  have  been  left  at  liberty  to  pursue  their  own  hap 
piness,  by  honest  industry,  wherever  their  inclination  led  them. 
The  British  government  refuses  to  its  seamen  that  privilege. 
Let  not  this  then  be  a  ground  of  controversy  with  Great  Bri 
tain.  Let  it  be  distinctly  understood,  that  in  case  an  arrange 
ment  should  be  made  between  the  two  nations,  whereby  each 
should  exclude  from  its  service  the  citizens  and  subjects  of  the 
other,  on  the  conditions  and  principles  above  stated,  that  this 
house  will  be  prepared,  so  far  as  depends  on  it,  to  give  it  effect, 
and  for  that  purpose  to  enact  laws  with  such  regulations  and  pe 
nalties  as  will  be  adequate.  With  this  pledge,  it  is  not  perceiv 
ed  on  what  ground  the  British  government  can  persist  in  its 
claim.  If  British  seamen  are  excluded  from  the  service  of  the 
United  States,  as  may  be  effectually  done,  the  foundation  of  the 
claim  must  cease.  When  it  is  known  that  not  one  British  sea 
man  could  be  found  on  board  American  vessels,  it  would  be 
absurd  to  urge  that  fact  as  a  motive  for  impressment.  In  de 
claring  a  willingness  to  give  effect  to  the  proposed  arrangement, 
your  committee  consider  it  equally  the  duty  of  the  house  to  de 
clare,  in  terms  the  most  decisive,  that  should  the  British  govern 
ment  still  decline  it,  and  persevere  in  the  practice  of  impress 
ment  from  American  vessels,  the  United  States  will  never  ac 
quiesce  in  that  practice,  but  will  resist  it  unceasingly  with  all 
their  force"." 

The  bill  reported  by  the  committee,  after  receiving  various 
amendments  in  both  nouses,  none  of  which,  however,  affected 
its  principle,  was  finally  enacted  on  the  last  day  of  the  session. 
It  passed  in  the  house  of  representatives  by  a  majority  of  56, 
the  votes  being  ayes  89,  nays  33.  This  act  being  of  great  im 
portance,  as  showing  the  attitude  taken  by  the  United  States  on 
the  principal  subject  in  dispute  with  Great  Britain,  it  is  thought 
proper  to  present  the  following  abstract  of  its  provisions. 

After  the  termination  of  the  war  in  which  the  United  States 
are  now  engaged  with  Great  Britain,  it  shall  not  be  lawful  to  em 
ploy  on  board  any  of  the  public  or  private  vessels  of  the  United 
States  any  persons  but  citizens  of  the  United  States,  or  persons 
of  colour  natives  of  the  United  States ;  neither  shall  it  be  law 
ful  to  employ  any  naturalized  citizen,  unless  such  citizen  shall 
produce  to  the  commander  of  the  public  vessel,  or  to  a  collector 
of  the  customs,  a  certified  copy  of  the  act  by  which  he  shall 
have  been  naturalized ;  and  no  person  who  shall  arrive  in  the 
United  States  after  the  time  when  this  act  shall  take  effect,  shall 
be  admitted  to  become  a  citizen  of  the  United  States,  who 
shall  not,  for  the  continued  term  of  five  years  next  preceding 
his  admission,  have  resided  within  the  United  States,  without 


68  HISTORICAL  REGISTER.          [CHAP.  ir. 

being  at  any  time  during  the  said  five  years  out  of  the  territory 
of  the  United  States. 

In  all  cases  of  private  vessels  of  the  United  States  sailing 
from  a  port  in  the  United  States  to  a  foreign  port,  the  list  of  the 
crew,  made  as  heretofore  directed  hylaw,  shall  he  examined  by 
the  collector  for  the  district  from  which  the  vessel  shall  clear 
out,  and,  if  approved  of  by  him,  shall  he  certified  accordingly. 
And  no  person  shall  he  admitted  or  employed  on  board  of  any 
Such  vessel,  unless  his  name  shall-have  been  entered  in  the  list 
of  the  crew,  approved  and  certified  by  the  collector,  who,  before 
he  delivers  the  list  of  the  crew  to  the  captain,  shall  cause  it  to 
be  recorded,  which  record  shall  be  open  for  the  inspection  of 
all  persons,  and  a  certified  copy  thereof  shall  be  admitted  in 
evidence  in  any  court  in  which  any  question  may  arise,  under 
any  of  the  provisions  of  this  act.  Supplemental  directions  may 
be  given  by  the  president,  provided  they  are  not  repugnant  to 
the  provisions  of  this  act. 

No  seaman  or  other  seafaring  man,  not  being  a  citizen  of  the 
United  States,  shall  be  admitted  or  received  as  a  passenger  on 
board  of  any  public  or  private  vessel  of  the  United  States,  in 
a  foreign  port,  without  permission  in  writing  from  the  proper 
officers  of  the  country  of  which  such  seaman  or  seafaring  man 
may  be  a  subject  or  citizen. 

The  consuls  or  commercial  agents  of  any  nation  at  peace  with 
the  United  States  shall  be  admitted  (under  such  regulations  as 
may  be  prescribed  by  the  president  of  the  United  States)  to 
state  their  objections  to  the  proper  commander  or  collector 
against  the  employment  of  any  seaman  or  seafaring  man  on 
board  of  any  public  or  private  vessel  of  the  United  States,  on 
account  of  his  being  a  native  subject  or  citizen  of  such  nation, 
and  not  embraced  within  the  description  of  persons  who  may 
be  lawfully  employed,  according  to  the  provisions  of  this  act ; 
and  the  said  consuls  or  commercial  agents  shall  also  be  admit 
ted  to  be  present  at  the  time  when  the  proofs  of  citizenship  of 
the  persons  against  whom  such  objections  may  have  been  made, 
shall  be  investigated  by  the  commander  or  collector. 

If  any  commander  of  a  public  vessel  of  the  United  States 
shall  knowingly  employ  or  receive,  on  board  his  vessel,  any  per 
son  whose  employment  or  admission  is  prohibited  by  the  pro 
visions  of  this  act,  he  shall  on  conviction  thereof  forfeit  and 
pay  the  sum  of  one  thousand  dollars  tor  each  person  thus  un 
lawfully  employed  or  admitted. 

If  any  person  shall,  contrary  to  the  prohibitions  of  this  act, 
be  employed  or  received  on  board  of  any  private  vessel,  the 
master  or  commander,  and  the  owner  or  owners  of  such  vessel, 


j.4,5.]         PROCEEDINGS  OF  CONGRESS.  69 

knowing  thereof,  shall  respectively  forfeit  500  dollars  for  each 
person  thus  unlawfully  employed  or  received  in  any  one  voy 
age  ;  which  sums  shall  be  recovered,  although  such  person 
shall  have  been  entered  in  the  certified  list  of  the  crew,  by  the 
collector  for  the  district  to  which  the  vessel  may  belong  ;  and 
all  penalties  and  forfeitures  incurred  by  virtue  of  this  act,  may 
be  sued  for,  and  recovered,  with  costs  of  suit,  by  action  of  debt, 
one  moiety  to  the  use  of  the  person  who  shall  sue,  and  the 
other  moiety  to  the  use  of  the  United  States. 

Nothing  in  this  act  shall  be  construed  to  prohibit  any  com 
mander  or  master  of  a  public  or  private  vessel  of  the  United 
States,  whilst  in  a  foreign  port,  from  receiving  any  American 
seamen  in  conformity  to  law,  or  supplying  any  deficiency  of 
seamen  on  board  his  vessel  by  employing  American  seamen  or 
subjects  of  such  foreign  country,  the  employment  of  whom 
shall  not  be  prohibited  by  the  laws  thereof. 

This  act  is  only  to  have  effect  with  respect  to  seamen  whose 
government  shall  adopt  similar  regulations  as  to  the  exclusion 
of  American  seamen,  and  it  is  not  to  be  construed  so  as  to  pre 
vent  any  arrangement  or  treaty  between  the  United  States  and 
any  foreign  power  on  the  subject. 

Such  is  the  ground  which  the  United  States  have  taken  in 
relation  to  the  principal  subject  in  dispute  between  them  and 
Great  Britain. 

§  4.  An  act  was  also  passed  ordering  the  secretary  of  the  trea 
sury  to  provide  new  certificates  of  registry  for  American  ves 
sels,  to  be  exchanged  gratis  by  the  collectors  of  the  customs 
for  the  old  ones,  which  were  to  be  retained  and  defaced. 

In  the  course  of  the  session,  a  number  of  acts  were  passed 
for  the  increase  and  better  organization  of  the  army. 

$  5.  In  order  to  accelerate  the  completion  of  the  present  mi 
litary  establishment,  an  advance  of  §  24  was  authorized  to  each 
recruit  on  account  of  his  pay,  in  addition  to  the  existing  bounty 
of  $16,  together  with  the  bounty  of  160  acres  of  land.  The  pay 
of  the  private  soldier  was  likewise  raised  from  six  to  eight  dol 
lars  per  month,  and  that  of  the  non-commissioned  officers,  mu 
sicians,  &c.  in  proportion.  Non-commissioned  officers  and  sol 
diers  were  also  freed  from  arrest  for  debts  contracted  either  be 
fore  or  after  enlistment.  The  premium  to  recruiting  officers  was 
raised  from  two  to  four  dollars  for  each  recruit.  Persons  per 
forming  a  tour  of  militia  duty  were  authorized  to  enlist  into  the 
regular  service,  by  which  they  would  be  exonerated  from  serv 
ing  the  remainder  of  their  tour  of  duty,  and  the  state  to  which 
they  might  belong  was  not  to  be  required  to  furnish  any  per 
sons  in  their  stead.  Recruits  were  to  have  the  option  of  serving 


ro  HISTORICAL  REGISTER,          [CHAP.  n. 

till  the  end  of  the  war,  instead  of  five  years,  in  which  case  they 
were  to  have  the  same  bounties  both  in  money  and  land. 

§6.  Twenty  additional  regiments  were  also  authorized  to  be 
raised  for  one  year,  the  recruits  to  receive  a  bounty  of  sixteen 
dollars  in  money,  but  no  land;  the  recruiting  officers  a  premium 
of  two  dollars  for  each  enlistment.  No  person  under  21  was  to 
be  enlisted  without  the  consent  of  his  parents  or  guardians  in 
writing.  By  a  subsequent  act  the  president  was  authorized  to 
raise  ten  additional  companies  of  rangers  for  the  defence  of  the 
Indian  frontier,  in  lieu  of  one  of  the  regiments  for  one  year. 

§  7.  An  act  was  also  passed  for  the  better  organization  of  the 
general  staff.  The  appointment  of  six  additional  major-gene 
rals  was  authorized,  each  of  whom  was  to  be  allowed  two  aids- 
de-camp,  to  be  taken  from  the  officers  of  the  line  ;  and  six  bri 
gadier-generals,  to  be  allowed  each  a  brigade-major  and  one 
aid-de-camp,  to  be  taken  also  from  the  officers  of  the  line.  An 
additional  sergeant  and  third  lieutenant  to  each  company,  and 
an  additional  major  to  each  regiment  in  the  army,  was  likewise 
authorized. 

^  8.  Provision  was  also  made  for  the  better  supplying  of  the 
army,  and  for  the  accountability  of  persons  entrusted  with  fur 
nishing  supplies. 

$  9-  As  connected  with  the  military  establishment,  we  may 
here  mention,  that  an  act  was  passed  this  session,  authorizing 
the  president,  during  this  or  any  other  war,  to  direct  the  post 
master-general  to  send  a  mail  between  the  head-quarters  of  any 
army  of  the  United  States,  and  such  post-office  as  he  may  think 
proper. 

^  10.  A  bill  was  introduced  into  the  house  of  representatives 
making  a  further  appropriation  of  $  400,000  annually,  in  addi 
tion  to  the  sums  already  appropriated,  for  arming  the  whole 
body  of  the  militia,  and  providing  for  classifying  the  militia  in 
three  classes:  the  minor  to  consist  of  those  between  18  and  21 
years  of  age;  the  junior  of  those  between  21  and  31;  and  the 
senior  of  those  between  31  and  45.  This  bill  passed  the  house 
67  to  48,  but  was  lost  in  the  senate. 

|  11.. A  law  was  passed  enacting  that  the  non-commissioned 
officers,  musicians,  and  privates  of  the  volunteer  and  militia 
corps  should  be  entitled  to  the  same  increase  of  pay  as  the  re 
gulars.  It  likewise  provided  that  the  fines  imposed  by  courts 
martial  on  militia  or  volunteers  in  the  service  of  the  United 
States,  should  be  certified  to  the  comptroller  of  the  treasury, 
and  paid  into  the  treasury  by  the  marshals,  within  two  months 
after  collection. 

§  12.  On  the  27th  of  November,  the  committee  on  the  naval 


§  12.]          PROCEEDINGS  OF  CONGRESS.  71 

establishment  made  a  report  to  the  house,  asking  leave  to  re 
port  a  bill  to  increase  the  navy.  The  report  was  accompanied 
by  a  letter  from  the  secretary  of  the  navy,  enclosing  one  from 
captain  Stewart  of  the  United  States  frigate  Constellation,  and 
sundry  estimates  of  the  expense  of  building,  &c.  ships  of  dif 
ferent  force.  By  these  documents  it  appears,  that  the  weight  of 
metal  discharged  at  one  round  of  a  ship  rating  74  guns,  is  3224 
Ibs.,  and  of  a  frigate  only  1360  Ibs.,  being  nearly  three  to  one. 
That  the  expense  of  building  and  equipping  a  74  would  not  ex 
ceed  %  300,000,  while  a  frigate  would  cost  upwards  of  200,000. 
That  the  number  of  men  required  for  a  74  is  65O,  in  a  frigate 
450.  From  which  it  appears  that  by  the  addition  of  one  half  in 
expense  and  number  of  men,  the  force  is  increased  nearly  three 
fold.  Ships  of  the  line,  too,  being  much  stronger  in  scantling, 
thicker  in  the  sides  and  bottom,  and  less  penetrable  to  shot,  are 
consequently  less  liable  to  be  torn  or  battered  to  pieces,  or  sunk. 
From  these  data  captain  Stewart  delivers  his  opinion,  which 
was  concurred  in  by  capts.  Hull  and  Morris,  that  three  frigates 
would  not  be  able  to  stand  before  a  74,  notwithstanding  the  ad 
vantages  they  would  derive  from  their  divided  force.  a  Suppose," 
he  says,  "  three  frigates  of  50  guns  were  to  undertake  to  batter 
a  74  gun  ship,  and  that  two  of  them  were  to  occupy  the  quarter 
and  stern  of  the  74  (this  is  placing  them  in  the  most  favourable 
position),  the  other  frigate  engaged  abreast,  every  thing  would 
then  depend  on  the  time  the  frigate  abreast  could  maintain  that 
position  to  enable  the  other  two  to  act  with  effect  on  her  stern 
and  quarter.  But  it  must  appear  evident,  to  all  acquainted  with 
the  two  classes  of  ships,  that  the  frigate  abreast  could  not  with 
stand  the  fire  of  so  heavy  and  compact  a  battery  many  minutes  ; 
and  in  all  probability  would  be  dismasted  or  sunk  the  first  or 
second  broadside.  This  would  decide  the  fate  of  the  other  two." 
For  the  prosecution  of  the  present  war  with  the  most  effect, 
a  mixed  naval  force  of  the  following  description  is,  in  cap 
tain  Stewart's  opinion,  the  best  calculated :  ships  of  the  line, 
to  rate,  in  honour  of  the  year  of  our  independence,  seventy- 
sixers,  to  mount  88  guns ;  frigates  to  rate  40  guns,  to  mount 
50;  frigates  to  rate  32,  to  mount  44;  and  corvette  ships  to  rate 
16,  to  mount  20  guns.  "  By  having  a  proportion  of  these 
classes  of  ships  of  war,  the  inner  squadron,  or  guarda  costa, 
may  be  composed  of  the  ships  of  the  line,  and  a  few  of  the  32 
gun  ships,  for  repeaters  and  look  out  ships.  Hence  it  would 
produce  one  of  two  results,  either  that  the  enemy  would  be 
obliged  to  abandon  our  coast,  or  bring  on  it  a  much  greater 
force,  at  least  double  our  number,  out  of  which  they  would  be 
obliged  to  keep  on  our  coast  a  superiority  at  all  hazards  of  the 


72  HISTORICAL  REGISTER.  [CHAP.  n. 

sea;  and  at  great  additional  expense  and  risk  of  transports,  to 
provision  and  water  them.  But  should  they,  from  other  cir 
cumstances,  be  unable  to  keep  up  this  superiority  on  our  coast, 
the  door  will  be  kept  open  for  the  ingress  and  egress  of  our 
cruizers  and  their  prizes,  while  our  other  classes  of  ships  mav  be 
sent  in  pursuit  of  their  smaller  cruizers  and  commerce.  These 
observations  will  apply  to  all  future  wars  in  which  we  may  be 
engaged  with  the  maritime  powers  ;  but  as  we  might  more  fre 
quently  be  engaged  with  the  Barbary  powers,  the  frigates  and  16 
gun  ships  would  be  better  adapted  to  that  species  of  warfare.—- 
They  have  no  ships  of  the  line.  The  ships  of  the  line  could 
then  be  laid  up  in  ordinary,  dismantled,  and  preserved  at  a  small 
expense."  A  dry  dock  is  highly  recommended,  as  the  most 
efficacious  and  least  expensive  mode  of  repairing  ships  of  war, 
and  as  expediting  the  out-fits  in  one  tenth  of  the  time.  It  is 
stated,  indeed,  to  be  indispensably  necessary.  The  captain  con 
cludes  by  strongly  urging  on  the  committee  "  the  necessity  of 
having  what  they  propose  for  the  increase  of  the  navy,  of  the 
best  seasoned  materials,  which  will  be  by  far  the  cheapest,  and 
be  longer  in  a  state  for  active  service.  I  trust  their  past  expe 
rience  will  prove  to  their  satisfaction  this  position,  that  the  best 
materials  are  always  the  cheapest,  and  that  a  slow  increase  is  bet 
ter  than  a  hasty  and  temporary  one." 

§  13.  On  the  30th  of  November  the  committee  of  the  senate 
on  naval  affairs  reported  a  bill  authorizing  the  president  to  build 
forthwith  four  seventy-fours,  and  six  forty-four  gun  frigates. — 
A  motion  was  made,  on  its  second  reading,  to  strike  out  the 
seventy-fours,  which  was  negatived  23  to  7.  Considerable  op 
position  was  made  to  the  seventy-fours  in  the  house  of  repre 
sentatives,  and  a  motion  was  actually  carried,  56  to  53,  for  stri 
king  out  that  part  of  the  bill.  The  motion  for  striking  out,  how 
ever,  was  on  a  subsequent  day  reconsidered,  and  finally  nega 
tived,  52  to  58.  The  bill  became  a  law,  after  being  amended,  by 
substituting  u  as  soon  as  suitable  materials  can  be  procured 
therefor,"  in  place  of  "  forthwith." 

An  act  was  afterwards  passed  for  building  six  sloops  of  war, 
and  also  authorizing  the  president  to  build,  or  procure,  such  a 
number  of  sloops  of  war  or  other  armed  vessels  as  the  public 
service  might  require  on  the  lakes. 

An  appropriation  of  $100,000  was  also  made  for  establish 
ing  a  dock-yard  for  repairing  vessels  of  war,  in  such  central 
and  convenient  place  on  the  seaboard  as  the  president  should 
designate. 

He  was  likewise  authorised  to  sell  such  of  the  gun-boats  as 


S  14.]          PROCEEDINGS  OF  CONGRESS.  75 

should  have  become  unfit  for  service,  or  as  in  his  jndgment 
might  be  no  longer  necessary  to  be  retained  by  government. 

§  14.  Early  in  the  session  a  number  of  petitions  were  pre 
sented  to  congress  from  the  owners  of  privateers  in  Boston, 
New  York,  Norfolk,  and  Portsmouth  (Virg.),  praying  a  reduc 
tion  of  the  duties  on  prize  goods,  on  the  ground  of  the  heavy 
duties  and  other  enormous  charges  consuming  nearly  the  whole 
proceeds  of  the  captured  property,  and  thus  destroying  a  species 
of  naval  armament,  the  most  destructive  to  the  commerce  of 
the  enemy.  They  urge  upon  congress,  that  no  naval  force  of 
any  efficacy  could  be  supported  by  government  but  at  an  expense 
far  greater  than  the  amount  of  the  duties  of  which  they  pray 
the  remission  j  and  that  the  employment  of  a  great  number  of 
experienced  masters  of  vessels  and  seamen  necessarily  engaged 
in  them,  whose  services  could  not  probably  be  obtained  in  any 
other  way,  and  whose  skill  and  intrepidity  produce  so  much 
honour  to  the  country,  forms  another  important  consideration. 
These  petitions  were  referred  by  the  house  of  representatives  to 
the  committee  of  ways  artd  means,  who,  on  the  21st  of  Decem 
ber,  reported,  that  it  was  inexpedient  to  grant  the  prayer  of  the 
petitioners.  This  report  was  accompanied  by  a  letter  from  the 
agents  of  the  petitioners  from  New  York,  and  a  letter  from  the  se 
cretary  of  the  treasury,  which  the  committee  state  to  contain  all 
the  facts  and  views  which  will  probably  be  found  material  in  the 
examination  and  consideration  of  this  subject.  The  secretary 
of  the  treasury,  in  his  letter  to  the  committee,  is  decidedly  op 
posed  to  the  prayer  of  the  petitioners.  "  No  part  of  the  duties 
on  prize  goods,"  says  he,  "  ultimately  falls  on  the  captors.  The 
duties  on  importations  are  paid  by  the  consumers,  whether  the 
merchandise  be  captured  by  privateers,,  or  regularly  imported  by 
merchants.  There  may  be  accidental  exceptions  arising  from 
such  a  superabundance  of  a  particular  article  as  will  sink  its 
price  below  the  prime  cost  and  charges.  It  is  not  believed  that 
this  is  now  the  case,  and  it  is  very  improbable  that  during  the 
war  this  should  be  the  case,  with  respect  to  any  species  of  for 
eign  merchandise  whatever.  Coffee,  which  is  the  most  abund 
ant  article,  pays  a  duty  of  ten  cents  a  pound.  The  price  for  ex 
portation,  in  which  case  no  duty  is  paid,  is  about  six  cents ;  and  the 
price  for  home  consumption  is  at  least  sixteen  cents.  Indeed  it 
is  evident  that  a  reduction  of  duties  will  be  of  no  use  to  the  pri 
vateers,  unless  the  merchandise  continues  to  be  sold  at  the  same 
price,  as  if  the  duties  had  not  been  reduced.  In  order  to  render 
the  reduction  beneficial  to  the  captors  of  prize  goods,  the  con 
sumers  must  still  pay  the  same  price  as  heretofore  ;  the  only 
difference  being,  that  the  duty  still  thus  levied  upon  them  would 

VOL.  i.  M 


74,  HISTORICAL  REGISTER.         [CHAP.  n. 

be  paid  to  the  captors,  instead  of  being  paid  into  the  treasury." 
"  All  common  regular  occupations,"  continues  the  secretary, 
in  another  part  of  his  letter,  "will  generally  find  their  own  level ; 
and,  if  left  to  themselves,  the  capital  and  labour  employed  on 
each  will  regulate  themselves  so  as  to  leave  a  moderate  but  ade 
quate  profit  to  the  persons  respectively  engaged  in  each  branch. 
Some  occupations,  important  to  the  community  at  large,  may  be 
so  unprofitable  as  not  to  be  pursued  to  the  extent  required  by  the 
public  interest.  These  form  an  exception,  and  may  require  an  ex 
traordinary  encouragement  from  government.  But  experience 
shows,  that  the  occupations  where  profit  depends  wholly  or  in  a 
great  degree  on  hazard,  are  generally  overstocked  and  attract  a 
considerable  capital,  although  there  be  a  certain  loss  in  the  ag 
gregate.  This  is  daily  exemplified  in  the  case  of  lotteries, 
which  are  filled,  although  there  is  a  certain  and  acknowledged 
loss  of  fifteen  per  cent,  on  the  whole  amount  of  capital  thus  laid 
out  by  the  adventurers.  The  hope  of  a  prize,  the  uncertain  and 
improbable  chance  of  an  easy,  prompt,  and  great  profit,  are  suffi 
cient  inducements  to  produce  that  effect.  The  occupation  of 
privateers  is  precisely  of  the  same  species  with  respect  to  hazard 
and  to  the  chance  of  rich  prizes,  and  is,  at  this  moment,  still 
more  encouraged  by  the  want  of  employment  for  the  capital 
and  seamen,  heretofore  engaged  in  ordinary  commercial  pur 
suits.  If  this  view  of  the  subject  be  correct,  it  necessarily  fol 
lows,  that  a  bounty  may  indeed  still  more  increase  the  number 
of  privateers,  but  without  increasing  in  any  proportionate  degree 
the  number  of  captures  ;  that  of  existing  privateers  being  al 
ready  more  than  sufficient  for  the  quantity  of  food  afforded  by 
the  enemy's  trade.  The  only  probable  effect  will  therefore  be 
a  diminution  of  revenue,  which  must  be  supplied  by  another 
tax,  and  an  unprofitable  application  of  the  national  capital  and 
labour,  without  inflicting  any  additional  sensible  injury  on  the 
enemy.  Should  however  the  opinion  thus  formed  be  consider 
ed  as  erroneous,  there  is  another  forcible  objection  to  the  mode 
now  proposed  of  giving  an  encouragement  or  bounty.  I  allude 
to  the  temptation  or  facility,  which  the  vicinity  of  the  British 
colonies  affords,  of  making  collusive  or  pretended  captures  of 
British  prohibited  merchandise.  It  has  been  suggested  from  a 
source  in  which  confidence  may  be  placed,  that  arrangements 
were  already  made,  or  at  least  contemplated  for  that  object.  A 
reduction  of  the  duties,  by  encreasing  the  profit,  would  operate 
as  an  insurance  on  the  risk,  and  assist  in  defraying  the  expenses 
attending  the  transaction.  It  seems  that,  even  supposing  some 
additional  encouragement  to  be  necessary,  it  would  be  prefera 
ble  to  give  it  in  some  other  shape,  which  should  Hot  be  calculated 
to  promote  those  fraudulent  operations." 


5 15.]         PROCEEDINGS  OF  CONGRESS.  75 

Petitions  were  likewise  presented  from  Joshua  Barney  and 
Stephen  Kingston,  on  behalf  of  certain  owners  of  privateers, 
praying  that  certain  property  on  board  American  ships  bound 
here  from  England,  and  sent  in  by  privateers,  should  be  deliver 
ed  to  the  captors*  for  their  benefit.  These  petitions  were  refer 
red  to  the  committee  of  ways  and  means,  who  reported,  u  that 
congress  has  already  remitted  the  penalties  and  forfeitures,  in 
curred  by  American  citizens,  and  that,  in  the  opinion  of  the 
committee,  if  enemy's  property  be  forfeited  to  the  government 
under  the  non-importation  act,  it  would,  for  reasons  of  policy, 
be  unwise  for  congress  to  interpose  ;  that  if  the  petitioners  can 
claim  as  "  informers,"  the  claim  is  secured  to  them  by  existing 
laws,  and  if  not  secured  to  them  by  existing  laws,  the  claim  is 
vested  in  the  collectors  and  others,  from  whom  congress  could 
not,  with  justice,  transfer  it. 

"  The  committee  therefore  submit  the  following  resolve  : 
"  Resolved,   That  it  would  be  unwise  and  impolitic,  to  act 
upon  the  subject  of  the  said  petitions." 

This  resolution  was  disagreed  to  by  the  house  of  representa 
tives  in  committee  of  the  whole,  and  the  following  was  reported 
as  a  substitute  tnereto  : 

"  Resolved,  That  any  right  or  claim  of  the  United  States  to 
British  property  which  may  have  been  captured  by  American 
privateers,  arising  from  forfeiture  under  any  provision  of  the 
non-importation  act,  ought  to  be  relinquished  for  the  benefit  of 
the  captors." 

This  resolution  was  referred  to  the  committee  of  ways  and 
means,  with  directions  to  report  a  bill  in  pursuance  thereof, 
which  bill  passed  the  house,  but  was  rejected  by  the  senate. 

§  15.  More  favourable  notice  was  taken  by  congress  of  the 
petition  of  a  number  of  owners  of  privateers  in  Baltimore,  repre 
senting  the  embarrassments,  difficulties,  and  delays  attendant  on 
the  determination  of  prize  causes  in  the  different  courts  of  the 
United  States  ;  the  great  inconveniences  experienced  in  conse 
quence  of  that  provision  of  the  prize  act,  which  renders  it  in 
cumbent  on  the  captors  to  proceed  against  the  prize  in  the  first 
district  in  which  it  is  brought ;  and  the  burthensome  commis 
sions  paid  to  the  marshals.  A  law  was  passed,  enacting  that  all 
prizes  made  by  privateers  should  be  sold  at  auction  by  the 
marshal  of  the  district  in  which  it  was  condemned,  within  60 
days  after  condemnation,  on  such  terms  of  credit,  and  in  such 
lots  or  proportions  as  may  be  designated  by  the  owners  of  the 
privateer,  provided  the  term  of  credit  do  not  exceed  ninety  days. 
Marshals  are  to  be  entitled  to  no  more  than  one  per  cent,  of  the 
proceeds,  after  the  duties,  costs,  and  charges  are  deducted,  such 
commissions,  however,  in  no  case  to  exceed  250  dollars.  The 


76  HISTORICAL  REGISTER.        [CHAP,  m, 

marshals  were  also  directed,  after  deducting  the  duties,  costs, 
and  charges,  to  pay  over  the  proceeds  or  promissory  notes  to  the 
owners  and  crew,  according  to  the  proportions  established  by 
law,  or  by  mutual  agreement.  It  was  likewise  enacted,  that  the 
owners  of  privateers,  or  their  agents  may,  at  any  time  before 
filing  the  libel,  remove  the  prize  to  any  other  port  in  the  United 
States,  provided  that  no  attachment  has  been  laid  on  the  captur 
ed  property  before  such  removal,  at  the  suit  of  any  adverse 
claimant,  or  a  claim  against  it  have  been  interposed  in  behalf  of 
the  United  States. 

<S  16.  Towards  the  end  of  the  session  a  bill  was  introduced 
into  the  senate,  which  subsequently  passed  into  a  law,  to  en 
courage  the  destruction  of  the  armed  vessels  of  war  of  the 
enemy,  except  cartels  and  flags  of  truce.  This  act  offers  a 
bounty  of  half  the  value  of  any  British  vessel  of  war,  and  also 
half  the  value  of  her  guns,  cargo,  tackle,  and  apparel,  which  may 
be  destroyed  by  torpedoes,  or  other  destructive  machines,  or  in 
any  other  manner,  other  than  by  the  armed  or  commissioned 
vessels  of  the  United  States. 

§  17.  On  the  12th  of  November,  in  the  house  of  representa 
tives,  Mr.  Wright  moved  that  a  committee  be  appointed  to 
bring  in  a  bill  vesting  the  power  of  retaliation  in  the  president  in 
certain  cases.  On  the  1 7th  a  bill  was  reported,  but  on  its  third 
reading  it  was  negatived,  on  the  ground  that  the  president 
already  possessed  the  power. 

On  the  9th  of  December  the  following  resolution  was  offered 
for  consideration  by  Mr.  Bassett : 

Whereas,  It  is  represented  that  Great  Britain  has  seized 
sundry  persons  fighting  under  the  American  flag,  laying  claims 
to  them  alike  incompatible  with  justice  and  the  rights  of  the 
United  States  as  an  independent  nation  : 

Resolved*  That  the  president  be  required  to  lay  before  this 
house  the  information  he  has  received  on  that  subject,  and  the 
measures  taken  to  redress  an  evil  which  violates  the  rights  and 
interests,  and  outrages  the  feelings,  of  a  free  and  independent 
people. 

Mr.  Milnor  having  objected  to  the  form  of  the  call  on  account 
of  its  assuming  as  fact  circumstances  of  which  the  house  had  no 
official  or  authentic  information,  Mr.  Bassett  withdrew  his 
motion,  which  was  substituted  by  the  following,  offered  by  Mr. 
Macon : 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  cause  to  be  laid  before  this  house  any  information  which 
may  be  in  his  possession  touching  the  conduct  of  British  officers 
towards  persons  taken  in  American  armed  ships. 


$  17.]  PROCEEDINGS  OF  CONGRESS.  77 

This  resolution  was  agreed  to,  after  several  attempts  at 
amendment  had  been  negatived  by  large  majorities. 

The  president,  in  compliance  with  this  resolution,  communi 
cated  a  report  of  the  secretary  of  state,  accompanied  with  several 
documents,  from  which  it  appears,  that  several  persons,  some  of 
whom  are  said  to  be  native,  and  others  naturalized  citizens  of 
the  United  States,  being  parts  of  the  crews  of  the  United  States 
armed  vessels  Nautilus  and  Wasp,  and  of  the  private  armed 
vessel  Sarah  Ann,  have  been  seized  by  British  officers,  under 
the  pretext  of  their  being  British  subjects,  for  the  avowed  pur 
pose,  as  is  understood,  of  having  them  brought  to  trial  for  their 
lives.  The  report  is  also  accompanied  by  a  letter  from  admiral 
Warren,  and  a  correspondence  between  vice-admiral  Sterling 
and  William  H.  Savage,  late  agent  for  American  seamen  and 
commerce  at  Jamaica,  from  which  it  appears,  that  the  British 
claim  a  right  to  retain  on  board  their  ships  of  war  American 
citizens  who  may  have  married  in  England,  or  have  been  im 
pressed  from  on  board  British  merchant  vessels  ;  and  that  they 
consider  an  impressed  American,  when  discharged  from  their 
ships,  as  a  prisoner  of  war. 

On  the  18th  of  February  a  bill  passed  the  senate,  17  to  4,  im- 
powering  the  president  to  retaliate  on  British  prisoners,  or  in 
case  of  there  being  none,  or  not  sufficient,  on  any  other  British 
subject,  for  any  capital  or  other  punishment  inflicted  on  citizens 
of  the  United  States,  in  the  military  or  naval  service,  or  on 
board  privateers.  This  bill  was  amended  in  the  house  of  re 
presentatives,  and  finally  passed  in  substance  as  follows  : 

In  every  case,  wherein,  during  the  present  war,  any  violations 
of  the  laws  and  usages  of  war  among  civilized  nations  shall  be  or 
have  been  perpetrated  by  those  acting  under  the  authority  of  the 
British  government,  on  any  of  the  citizens  of  the  United  States, 
or  persons  in  the  land  or  naval  service  of  the  United  States,  the 
president  is  authorized  to  cause  full  and  ample  retaliation  to  be 
made,  according  to  the  laws  and  usages  of  war  among  civilized 
nations,  for  every  such  violation  ;  and  in  all  cases  where  any 
outrage  or  act  of  cruelty  shall  be  or  has  been  practised  by  any 
Indians,  in  alliance  with  the  British  government,  or  in  connexion 
with  those  acting  under  its  authority,  on  citizens  of  the  United 
States  or  those  under  its  protection,  the  president  is  authorised 
to  cause  full  and  ample  retaliation  to  be  executed  on  such 
British  subjects,  soldiers,  seamen  or  marines,  or  Indians  in 
alliance  or  connexion  with  Great  Britain,  being  prisoners  of  war, 
as  if  the  outrage  had  been  done  under  the  authority  of  the 
British  government. 


78  HISTORICAL  REGISTER.       [CHAP.  in. 


CHAPTER  in. 

§  1.  Treasury  report.  §  2.  Navy  loan.  §  3.  Loan  of  sixteen  millions. 
§  4.  Treasury  notes.  §5.  Suspension  of  non-importation  ac>.  §  '-.  ftx- 
tra  session.  §7.  Duty  on  iron  wire.  §  8.  Public  lam.s.  §9.  Yazo» 
claims.  §  10.  Naturalization.  §  11.  New  state.  §  12.  M.-il  s  cam- 
boats.  §13.  Vaccination.  §  14.  Reward  of  valour.  §1.5.  Amendment 
to  the  constitution.  §  16  Mt-tU  1  to  commodore  P>  eble  §  17.  Treasury 
mitigating  power.  §  18.  Presidential  election.  §19.  Presidential  mes 
sages.  §  20.  Rupture  with  Algiers.  §  21.  Treatment  of  American 
seamen.  §  22.  Resolutions  of  the  legislature  of  Pennsylvania.  §  23.  Na 
val  exploits.  §24.  British  licenses.  §25  Birtin  and  Milan  decrees. 
§26.  Appropriations.  §27.  Dissolution  of  congress. 

§  1.  BY  the  annual  report  of  the  secretary  on  the  state  of  the 
finances,  it  appears,  that  the  actual  receipts  into  the  treasury  for 
the  year  ending  September  30,  1812,  were  as  follows  : 
Customs,  and  other  branches  of  revenue  $  10,934,946  90 

On  account  of  the  loan  of  1 1  millions  5,847,212  50 


Total  amount  of  receipts         16,782,159  4O 
Balance  in  the  treasury  October  1st,  1811  3,947.81 8  36 

20,729,977  76 

The  disbursements  during  the  same  year  were  : 
Civil  department  1,823,06935 

Army,  navy,  and  Indian  departments  11,108,776  54 

Principal  and  interest  of  the  public  debt  5,436,479  18 

18,368,325  07 
Balance  in  the  treasury  September  30,  1812  2,561,652  69 

20,729,977  76 

The  receipts  and  expenditures  for  the  last  quarter  of  1812 
are  estimated  at  nearly  the  same  sum.  The  receipts  for  the 
year  1813  are  estimated  at  12  millions,  and  the  expenditures  as 
follows  : 

Civil  department  $  1,500,000 

Reimbursement  of  principal  and  interest  of  public 

debt  8,500,000 

Military  establishment  17,000,000 

Naval  establishment  4,9^5,000 


31,925,000 
Deduct  estimated  receipts  12,000,OOO 

Balance  to  be  provided  for  by  loans  19,925,000 


§  2, 3.]        PROCEEDINGS  OF  CONGRESS.  [79 

Of  this  sum  more  than  one  million  was  already  contracted 
for,  and  there  remained  on  hand  about  a  million  and  a  half  in 
treasury  notes.  An  authority  to  issue  two  millions  and  a  half 
more,  being  the  amount  reimbursable  in  1813,  would  still  keep 
the  whole  amount  issued  at  five  millions,  and  reduce  the  amount 
of  the  loan  to  about  fifteen  millions  of  dollars. 

The  estimates  of  the  secretary  of  war  were  predicated  on  the 
employment  of  the  whole  force  authorized  by  law,  amounting 
to  36,700  men  of  every  description,  besides  volunteers  and 
militia.  The  estimates  of  the  secretary  of  the  navy  embraced 
only  the  expenses  of  the  present  naval  force,  consisting  of  nine 
frigates  and  nine  smaller  vessels,  and  200  gun-boats  and  other 
vessels,  the  whole  number  of  men  and  boys  of  every  description 
being  13,360.  Any  increase  of  the  navy,  of  course,  would 
render  it  necessary  to  increase  the  amount  of  the  loans. 

The  loans  necessary  in  1813,  which  were  estimated  at  about 
twenty  millions,  would  not  make  an  increase  of  the  debt  to  that 
amount,  as  the  payments  on  account  of  the  principal  during  the 
year  would  exceed  five  millions,  making  the  actual  increase  of 
debt  nearly  fifteen  millions. 

The  treasury  report  was  read  and  referred  as  usual  to  the 
committee  of  ways  and  means,  on  the  5th  of  December. 

On  the   18th  of  January  they  reported  a  bill  to  authorize  a 

loan  of millions  of  dollars,  and  a  bill  authorizing  the  issuing 

of  treasury  notes  for  the  year  1813. 

§2.  On  the  26th  Mr.  Milnor  moved  the  following  resolution: 

Resolved,  That  the  committee  of  ways  and  means  be  instruct 
ed  to  report  a  bill  authorizing  a  loan  of  dollars  for  building 
and  equipment  of  all  such  ships  and  vessels  of  war  as  have  been 
or  may  be  directed  to  be  built  by  any  law  of  the  present  session. 

After  a  short  but  animated  debate,  this  resolution  was  nega 
tived,  26  to  81. 

§  3.  The  loan  bill  reported  by  the  committee,  after  having 
the  blank  filled  up  with  16  millions,  passed  both  houses,  in  the 
house  of  representatives  72  to  38.  This  law  authorizes  the 
president  to  borrow  sixteen  millions  of  dollars,  reimbursable  in 
12  years  from  January  1, 1814.  The  sale  of  the  certificates  of 
stock  is  to  be  deemed  a  good  execution  of  the  power  to  borrow  ; 
an  account  of  the  monies  obtained  by  such  sale  to  be  laid  before 
congress,  with  a  statement  of  the  rate  at  which  they  were  sold*. 
The  appointment  of  agents  for  obtaining  subscriptions,  or  selling 

*  The  stock  of  this  loan  was  sold  for  $88  in  money  for  $100  in  stock,  the 
interest  to  be  paid  quarter  yearly  ;  the  buyers  of  the  stock  to  have  the  privilege 
of  paying  up  their  instalments,  the  interest  in  that  case  commencing  on  the 
whole  immediately. 


80  HISTORICAL  REGISTER.        [CHAP.  in. 

stock,  was  authorized,  who  were  to  be  allowed  £  of  one  per 
cent,  on  the  amount  sold  or  subscribed. 

§  4.  The  treasury  note  bill  was  likewise  passed.  It  author 
izes  the  issuing  of  notes  to  the  amount  of  five  millions  within 
the  year,  and  an  additional  five  millions,  if  the  president  deem 
it  expedient,  to  be  in  part  of  the  loan  of  sixteen  millions  before 
authorized.  The  notes  bear  interest  at  the  rate  of  5|  per  cent, 
per  annum,  to  be  reimbursed  at  the  treasury,  one  year  after  the 
day  on  which  they  are  respectively  issued.  The  appointment 
of  agents  for  the  sale  of  the  treasury  notes  (not  under  par)  was 
authorized,  to  be  allowed  a  commission  of  £  of  one  per  cent,  on 
such  sales.  These  notes  are  made  receivable  for  all  public  dues, 
and  credit  is  to  be  given  for  both  principal  and  interest  due  on 
the  day  of  such  payment :  the  interest  to  be  computed  at  the  rate 
of  a  cent  and  a  half  per  day  on  every  J$  100  of  principal,  each 
month  to  be  computed  as  containing  30  days. 

§  5.  On  the  15th  of  February,  the  committee  of  ways  and 
means  made  a  report  to  the  house,  accompanied  with  a  bill 
partially  suspending,  for  a  limited  time,  the  several  non-impor 
tation  acts,  laying  a  duty  on  foreign  tonnage,  and  prohibiting  the 
judges  from  giving  up  property  under  judicature,  on  the  owners 
giving  bonds  for  refunding  its  value.  The  committee  state  in 
their  report,  that  they  have  deemed  it  to  be  their  duty,  that  the 
public  service  may  not  suffer,  and  that  the  public  credit  may  be 
duly  supported,  to  look  beyond  the  ways  and  means  of  the 
present  year,  and  to  take  into  consideration  the  revenue  which 
may  be  wanted  for  the  year  1814.  That  an  estimate  of  the 
probable  amount  of  the  revenue  which  will  accrue  under  exist 
ing  laws,  and  be  receivable  within  that  year,  has  been  submitted 
to  congress  in  the  annual  report  of  the  secretary  of  the  treasury, 
made  during  the  present  session.  That,  comparing  the  amount 
thereof  with  the  sums  which  will  probably  be  required  by  a 
prudent  regard  to  the  public  credit,  it  appears  to  the  committee 
indispensably  necessary  to  make  a  further  provision.  That  this 
may  be  done  by  a  partial  suspension  of  the  non-importation  acts, 
which  will  not  greatly  lessen  their  injurious  effects  upon  the 
enemy,  by  an  additional  duty  on  foreign  tonnage,  and  by  the 
imposition  of  internal  taxes  and  duties.  That,  in  their  opinion, 
all  these  means  will  be  necessary  to  supply  the  revenue  which 
will  be  wanted.  That  it  is  impracticable  during  the  present 
session,  consistently  with  a  due  attention  to  the  other  business 
of  the  nation,  to  enact  the  laws  necessary  to  embrace  the  last 
mentioned  object ;  but  that  this  may  be  done,  without  difficulty, 
and  without  a  delay  which  will  be  injurious  either  to  the  public 
credit  or  the  public  service,  by  an  earlier  meeting  of  congress 


V  5.J  PROCEEDINGS  OF  CONGRESS.  81 

than  the  constitutional  period,  which  it  will  be  the  duty  of  con 
gress,  or  the  executive  branch  of  the  government,  to  fix  at  such 
time  as  shall  be  deemed  most  proper  and  expedient. 

On  the  17th  Mr.  Little  introduced  the  following  resolution 
with  some  remarks  in  favour  of  the  policy  of  the  non-importa 
tion  act,  to  which  he  avowed  himself  to  be  very  friendly,  and  to 
the  suspension  of  which  he  was  opposed : 

Resolved,  That  the  committee  of  ways  and  means  be,  and 
hereby  are  instructed  to  report  to  this  house  a  bill  or  bills  laying 
taxes  for  the  support  of  the  war. 

This  motion  was  opposed  on  the  ground  of  the  impractica 
bility  of  acting  on  the  subject  properly  at  the  present  session. 
Sitting  day  and  night,  and  passing  by  all  other  business,  a  pro 
per  system  of  taxation  could  not  be  digested  and  put  into  the 
form  of  a  law  before  the  end  of  the  session.  Two  only,  out  of 
fourteen  of  the  bills  it  would  be  necessary  to  pass  to  carry  the 
system  proposed  at  the  last  session  into  effect,  would  require  the 
whole  of  the  present  session  to  perfect  them.  The  passage  of 
a  system  of  taxation,  besides,  would  not  obviate  the  necessity 
of  the  passage  of  the  law  for  suspending  partially  the  non-im 
portation  act.  It  would  require  both. 

It  was  then-  moved  to  strike  out  the  whole  of  the  resolution, 
for  the  purpose  of  inserting  an  instruction  to  the  committee  of 
ways  and  means  to  report  by  bill  or  bills,  pursuant  to  the  report 
of  the  committee  of  ways  and  means  on  this  subject,  which 
pass-  d  the  house  on  the  4th  of  March,  1812.  This  modifica 
tion  of  the  motion  was  accepted  by  Mr.  Little,  but  the  motion 
was  still  opposed,  as  going  to  cast  censure  on  a  committee  which 
had  laboured  day  and  night  in  its  vocation,  and  requiring  them 
to  originate  measures  which  they  had  already  declared  it  im 
practicable  to  act  on  at  the  present  session. 

The  question  on  its  adoption  was  decided  in  the  negative,  47 
to  69. 

On  the  29th,  in  committee  of  the  whole,  a  motion  was  made 
and  carried,  63  to  23,  to  strike  out  the  first  section,  which  was 
concurred  in  by  the  house,  70  to  24.  The  2d,  3d,  and  4th  sec 
tions,  being  connected  with  and  depending  upon  the  first,  of 
course  fell  with  it,  so  that  all  that  related  to  the  suspension  of 
the  non- importation  was  stricken  out.  The  remainder  of  the 
bill,  prohibiting  the  judges  from  restoring  goods  on  bond,  and 
laying  a  tax  on  foreign  tonnage,  after  being  amended,  at  the 
suggestion  of  Mr.  Milnor,  by  a  clause  limiting  its  duration  to 
the  end  of  the  war,  was  passed  by  the  house,  but  was  postponed 
by  the  senate  to  the  next  session. 

VOL.  I.  'N 


82  HISTORICAL  REGISTER.         [CHAP.  in. 

Two  other  bills  passed  the  house  and  failed  in  the  senate,  the 
proceedings  thereon  being  cut  short  by  the  constitutional  period 
of  the  session,  viz.  a  bill  prohibiting  the  use  of  foreign  licenses, 
and  a  bill  prohibiting  exportation  in  foreign  bottoms. 

On  the  22d  a  resolution  was  offered,  in  consequence  of  the 
rejection  of  the  suspension  of  the  non-importation  act,  instruct 
ing  the  committee  of  ways  and  means  to  report  a  bill  laying  a 
duty  on  distilled  spirits.  This  resolution,  after  some  debate, 
was  negatived,  46  to  75. 

§6,  On  the  19th  of  February,  Mr.  Grundy,  in  the  house  of 
representatives,  offered  the  following  resolution  for  considera 
tion  : 

Resolved,  That  it  is  expedient  that  the  thirteenth  congress  of 
the  United  States  should  assemble  on  the  Monday  in 

May  next,  and  that  a  committee  be  appointed  to  bring  in  a  bill 
accordingly. 

Considerable  debate  arose  on  this  resolution,  which  turned 
principally  on  the  practicability  of  providing  the  revenue  neces 
sary  for  1814,  at  the  present  session.  Those  who  voted  for  it 
contended  that  it  was  not  practicable ;  and  many  who  voted 
against  it  declared  their  impression  that  an  early  session  would 
be  necessary,  but  that  they  would  not  vote  for  it  now,  because 
the  effect  of  the  adoption  of  the  resolution  would  be,  to  postpone 
the  discussion  of  the  bill  for  repealing  the  non-importation  act, 
and  the  subject  of  taxes,  beyond  the  present  session.  When  the 
question  was  taken  on  the  adoption  of  the  resolution,  it  was 
decided  in  the  negative,  70  to  53. 

On  the  22d,  after  the  rejection  of  the  suspension  of  the  non 
importation  act,  Mr.  Grundy  offered  a  resolution  to  the  follow 
ing  effect,  which  was  agreed  to  by  a  large  majority. 

Resolved,  That  a  committee  be  appointed  to  enquire  into  the 
expediency  of  providing  by  law  for  an  earlier  day  for  the  next 
meeting  of  congress  than  that  fixed  by  the  constitution. 

A  bill  was  accordingly  reported  and  passed  into  a  law,  ap 
pointing  an  extra  session  to  be  held  on  the  4th  Monday  of  May. 

§  7.  A  number  of  petitions  were  presented  early  in  the  ses 
sion,  praying  for  the  imposition  of  a  duty  on  the  importation  of 
iron  wire,  in  order  to  encourage  its  manufacture,  in  conformity 
to  which  an  act  was  passed  imposing  thereon  the  same  duty  as 
is  paid  on  the  importation  of  iron,  steel,  or  brass  locks,  &c. 
with  an  addition  of  10  per  cent,  when  imported  in  foreign  vessels. 

§  8.  An  act  was  likewise  passed  granting  to  purchasers  of 
public  lands  a  further  term  of  three  years  to  complete  their  pay 
ments,  provided  that  all  arrears  of  interest  should  be  paid  before 
the  expiration  of  the  period  formerly  allowed  by  law  for  pay- 


$8.]  PROCEEDINGS  OF  CONGRESS.  83 

ment,  and  that  the  residue  of  the  principal  should  be  paid  with 
interest  in  three  annual  instalments. 

The  committee  on  public  lands,  who  recommended  this  ad 
ditional  credit,  also  recommended,  that  such  parts  of  the  laws 
for  the  sale  of  the  public  lands  as  allow  a  credit  on  part  of  the 
purchase  money,  be  repealed  ;  and  that  the  price  ai  which  lands 
be  offered  in  future  be  one  dollar  and  twenty-five  cents  per  acre  ; 
and  that  in  future  sales  a  portion  of  the  public  land  be  offered 
in  tracts  of  80  acres.  "  From  the  view  they  have  taken  of  the 
subject,"  say  the  committee,  "they  cannot  but  believe,  that  im 
portant  advantages  would  result  from  so  modifying  the  present 
law  as  to  require  cash  payments.  The  frequent  application  of 
purchasers  for  indulgence,  and  the  frequent  recurrence  of  cir 
cumstances  which  necessarily  induce  the  legislature  to  mitigate 
the  general  operation  of  the  law,  has  inclined  the  committee  to 
believe,  that  the  system  of  credit  is  not  well  adapted  to  the  cir 
cumstances  of  the  country,  and  does  not  produce  the  effects  in 
tended  by  it.  It  is  believed,  judging  by  the  experience  of  the 
past,  that  the  present  system  cannot  be  continued,  and  the  laws 
rigidly  executed,  without  occasionally  producing  great  injury  to 
the  purchasers.  Men  are  seduced  by  the  temptation  which  the 
credit  holds  out  to  them,  to  extend  their  purchases  beyond  their 
means  of  making  payment.  The  unfavourable  fluctuations  of 
commerce  cannot  be  foreseen,  and  the  pretty  general  disposition 
in  men  to  anticipate  the  most  favourable  results  from  the  pro 
duce  of  their  labour,  are  the  general  causes  of  the  failure  of 
purchasers  in  making  their  payments. 

"  By  abolishing  the  credit  in  future  sales,  every  subsequent 
purchaser  would,  without  any  liability  to  error,  be  able  to  cal 
culate  his  means  of  making  payment.  If  his  purchase  should 
not  be  so  extensive,  he  will  at  once  be  secure  and  quiet  in  his 
possession.  In  future  those  fertile  sources  of  discontent  and 
disquietude,  which  arise  from  disappointment,  and  from  the 
exercise  of  the  measures  necessary  to  enforce  the  payments,  as 
also  the  frequent  distress  occasioned  by  the  forfeiture  of  lands 
on  which  settlements  have  been  made,  would  be  removed. 
The  measure  would  also  tend  to  facilitate  the  collection  of  the 
public  monies,  and  simplify  the  business  in  the  land  offices. 

"  It  has  been  alleged  that  monopoly  and  large  speculations 
would  be  promoted  by  abolishing  the  credit,  and  reducing  the 
price  of  the  public  lands.  Any  measure  that  would  produce 
that  effect  should  be  carefully  guarded  against.  A  monopoly 
of  land  for  the  purpose  of  settlement  by  tenants,  threatens  with 
palpable  injury  the  pecuniary  and  political  independence  of  the 
agricultural  class  of  society  j  and  speculation  in  wild  lands  is  at 


84  HISTORICAL  REGISTER.          [CHAP.  in. 

least  an  employment  unproductive  to  society,  the  speculator 
adding  no  new  value  to  the  article  in  which  he  trades.  It  is 
believed  that  the  proposed  measure  would  not  have  the  alleged 
effect ;  the  price  heing  still  higher  than  can  be  afforded  for  any 
other  purpose  than  that  of  improving  the  land,  or  securing  it  for 
the  use  of  the  purchaser's  family.  While  government  dispose 
of  their  lands  for  a  valuable  consideration,  he  who  possesses  the 
means  to  afford  that  consideration  will  have  the  advantage  of 
him  who  does  not,  in  the  purchase  of  lands.  While,  however, 
large  quantities  are  in  the  market,  and  offered  for  sale  in  small 
tracts,  little  may  be  apprehended  from  the  evils  of  monopoly 
and  speculation,  whether  the  lands  be  sold  for  cash  or  on  credit. 

u  Of  all  expedients  that  have  been  resorted  to  for  preventing 
the  public  lands  from  being  engrossed  by  capitalists,  that  of  of 
fering  them  for  sale  in  small  tracts  has  been  the  most  success 
ful.  Holding  them  at  a  high  price  has  also  had  that  effect,  but 
attended  wiih  the  disadvantage,  that  the  industrious  poor  man 
is  also  by  the  same  means  precluded  from  becoming  a  purchaser. 
But  the  sale  in  small  tracts  facilitates  the  purchase  by  those  who 
are  by  habit  or  inclination  disposed  to  cultivate  the  soil,  while  it 
prevents  the  lands  being  engrossed  for  the  purpose  of  specula 
tion.  The  experience  of  many  years  under  the  present  system, 
with  all  the  aid  of  remedial  laws  for  the  relief  of  purchasers, 
does  not  promise  it  a  successful  operation  in  future,  and  it  can 
not  be  correct  policy  to  persist  in  a  system  so  much  affected  by 
circumstances,  that  it  appears  to  operate  by  the  means  of  fre 
quently  deviating  from  itself.  It  appears  by  the  report  of  the  se 
cretary  of  the  treasury,  that  the  receipts  on  account  of  forfeitures 
to  the  United  States,  from  delinquent  purchasers  within  the  state 
of  Ohio  alone,  for  the  year  ending  30th  Sept.  1811,  amounted  to 
$49,561  74,  and  it  is  believed  (from  information  not  official) 
that  they  will  exceed  that  amount  for  the  present  year.  Say  the 
receipts  on  account  of  forfeitures  for  two  years,  are  $100,000 
The  forfeiture  is  generally  one  fourth  the  purchase  money;  so 
that  the  prime  cost  of  the  lands  forfeited  with  their  improve 
ments,  in  two  years,  in  the  state  of  Ohio,  will  amount  to 
$400,000.  Such  a  quantity  of  land  property,  brought  into  mar 
ket,  and  frequently  at  an  under  value  (the  land  being  always 
first  offered  at  auccion  for  what  is  due  on  it),  mast  eventually 
induce  the  employment  of  a  capital  different  from  that  possess 
ed  by  the  agricultural  class  of  the  community. 

"  These  extensive  forfeitures  are  no  doubt  much  owing  to  an 
unfavourable  state  of  things  ;  but,  under  the  most  favourable 
circumstances,  the  present  system  cannot  operate  to  the  advan 
tage  of  the  poor.  An  individual  who  takes  the  whole  term  of 


V9—11J    PROCEEDINGS  OF  CONGRESS.  85 

credit  allowed  by  law  on  the  three  last  instalments,  is  charged 
on  the  monies  thus  credited  more  than  ten  per  cent,  per  annum 
above  those  th^|  make  prompt  payment,  and  in  most  instances, 
if  he  possess  no  other  resources  than  those  arising  from  the  land 
itself,  he  suffers  a  forfeiture  of  the  money  paid,  and  the  land 
with  its  improvements. 

u  If,  as  is  now  proposed,  part  of  the  public  lands  were  offered 
in  tracts  of  eighty  acres,  at  one  dollar  and  twenty-five  cents  per 
acre,  every  individual  who  is  able  to  pay  SlOO  might  acquire  a 
freehold  estate,  without  encumbering  himself  with  any  debt 
whatever. 

"  It  may  be  added,  that  the  present  appears  more  favourable 
for  the  proposed  change  than  any  subsequent  period.  Several 
land  offices  have  been  authorized,  which  have  not  yet  gone  into 
operation :  these  might  all  commence  sales  on  the  proposed 
plan  with  the  inconvenience  of  change." 

This  subject  was  not  further  acted  on  during  the  session. 

}  9.  A  bill  passed  the  senate  on  the  19th  of  January,  16  to  9, 
to  carry  into  effect  the  report  made  to  congress  in  February, 
1803,  by  the  secretary  of  state,  secretary  of  the  treasury,  and 
attorney-general  of  the  United  States,  commissioners,  &c.  re 
commending  a  compromise  of  the  Yazoo  claims.  In  the  house 
of  representatives  it  was  referred  to  the  committee  on  the  public 
lands,  who,  on  the  1st  of  February,  reported  it  with  amendments. 
The  bill  and  report  was  laid  over  till  next  session,  on  account 
of  the  pressure  of  important  business  preventing  a  full  discus 
sion  of  the  subject  during  the  short  period  of  the  present  session. 
An  elucidation  of  this  subject  will  be  presented  in  the  "Histo 
rical  Register,"  when  it  next  occupies  the  attention  of  congress. 

§  1O.  A  bill  passed  both  houses  at  the  preceding  session,  ma 
king  provision  for  the  naturalization  of  certain  aliens  (British 
subjects).  This  bill  appeared  to  the  president  to  be  liable  to 
abuse  by  aliens  having  no  real  purpose  of  effectuating  a  naturali 
zation,  and  therefore  was  not  signed  by  him  ;  and  having  been 
presented  at  an  hour  too  near  the  close  of  the  session  to  be  re 
turned  with  objections  for  reconsideration,  the  bill  failed  to  be 
come  a  law.  The  subject  was  again  taken  up  by  the  house  of 
representatives,  agreeably  to  the  recommendation  of  the  presi 
dent,  and  a  new  bill  passed  on  the  23d  of  February.  This  bill 
fell  through  in  the  senate. 

§11.  A  bill  passed  the  house  of  representatives  the  preceding 
session  for  erecting  the  Mississippi  territory  into  a  state,  which 
was  rejected  by  the  senate  on  account  of  an  objection  which  it 
was  understood  would  soon  be  removed  by  the  consent  of  the 
state  of  Georgia  to  the  measure.  A  new  bill  was  therefore  ori- 


S6  HISTORICAL  REGISTER.        [CHAP.  in. 

ginated  in  the  house  of  representatives.  This  bill  passed  the 
house  by  a  considerable  majority.  In  the  senate,  it  was  referred 
to  a  committee,  to  whom  was  likewise  referrqfl  a  memorial  of 
sundry  citizens  of  the  territory,  praying  that  all  proceedings 
thereon  might  be  suspended.  Nothing  further  was  done  on  the 
subject  during  the  session. 

$  12.  An  act  was  passed  authorizing  the  post-master-general 
to  contract  for  carrying  the  mail  in  steam-boats  in  any  place 
where  they  maybe  established,  provided  that  the  expense  should 
not  be  at  a  greater  rate,  taking  into  consideration  distance,  expe 
dition,  and  frequency,  than  is  paid  for  carrying  the  mail  by 
stages  on  the  post-roads  adjacent  to  the  course  of  such  steam 
boats,  and  that  the  contract  should  secure  the  regular  transporta 
tion  of  the  mail  throughout  the  year. 

§13.  For  the  encouragement  of  vaccination  an  act  wais  passed, 
authorizing  the  president  to  appoint  an  agent  to  preserve  the 
genuine  vaccine  matter,  and  to  furnish  it  when  applied  for 
through  the  medium  of  the  post-office.  The  act  provides  also, 
that  packets  to  or  from  the  agent,  not  exceeding  half  an  ounce 
in  weight,  containing  vaccine  matter,  or  relating  to  the  subject 
of  vaccination,  and  that  alone,  shall  be  free  of  postage. 

§14.  At  different  periods  in  the  course  of  the  session  the  pre 
sident  transmitted  to  congress  the  official  letters  of  captains  De- 
catur,  Jones,  and  Bainbridge,  containing  the  account  of  their 
brilliant  exploits  on  the  ocean,  He  likewise  transmitted  a 
correspondence  between  the  secretary  of  the  navy  and  captain 
Chauncey  and  lieutenant  Elliott,  relative  to  the  capture  of  the 
brigs  Detroit  and  Caledonia  on  lake  Erie*.  In  communicating 
captain  Bainbridge's  letter,  the  president  recommended  to  the 
consideration  of  congress,  the  equity  and  propriety  of  a  general 
provision,  allowing,  in  cases  in  which  the  condition  of  the  cap 
tured  ship,  by  rendering  it  impossible  to  get  her  into  port,  pre 
sents  a  bar  to  the  reward  of  successful  valour,  a  fair  proportion 
of  the  value  which  would  accrue  to  the  captors,  on  the  safe  arri 
val  and  sale  of  the  prize.  Agreeably  to  this  recommendation, 
an  act  was  passed  authorizing  the  president  to  have  distributed, 
as  prize  money,  to  captain  Isaac  Hull  of  the  frigate  Constitution, 
his  officers  and  crew,  the  sum  of  fifty-thousand  dollars,  for  the 
capture  and  destruction  of  tht  British  frigate  Guerriere ;  ard  the 
like  sum  in  like  manner  to  captain  William  Bainbridge,  his  offi 
cers  and  crew,  for  the  capture  and  destruction  of  the  British  fri 
gate  Java ;  and  the  sum  of  twenty-five  thousand  dollars  in  like 
manner  to  captain  Jacob  Jones,  of  the  sloop  of  war  Wasp,  his 

*  The  whole  of  these  letters  will  be  found  among  the  Official  Documents 
in  the  second  volume. 


§  15.]  PROCEEDINGS  OF  CONGRESS.  87 

officers  and  crew,  for  the  capture  of  the  British  sloop  of  war 
Frolic.  The  president  was  likewise  requested  to  present  to 
captains  Hull,  Decatur,  Jones,  and  Bainbridge  each  a  gold 
medal,  with  suitable  emblems  and  devices  ;  and  a  silver  medal, 
with  like  emblems  and  devices,  to  each  commissioned  officer 
of  the  aforesaid  vessels,  in  testimony  of  the  high  sense  entertain 
ed  by  congress  of  the  gallantry,  good  conduct  and  services  of 
the  captains,  officers,  and  crews  of  the  aforesaid  vessels,  in  their 
respective  conflicts  with  the  British  frigates  the  Guerriere  and 
the  Macedonian,  and  the  sloop  of  war  Frolic :  and  the  presi 
dent  is  also  requested  to  present,  a  silver  medal,  with  like  em 
blems  and  devices,  to  the  nearest  male  relative  of  lieutenant 
Bush,  and  one  to  the  nearest  male  relative  of  lieutenant  Funk, 
in  testimony  of  the  gallantry  and  merit  of  those  deceased  offi 
cers,  in  whom  their  country  has  sustained  a  loss  much  to  be 
regretted.  The  president  was  likewise  requested  to  present  to 
lieutenant  Elliot,  of  the  navy  of  the  United  States,  an  elegant 
sword,  with  suitable  emblems  and  devices,  in  testimony  of  the 
just  sense  entertained  by  congress  of  his  gallantry  and  good 
conduct  in  boarding  and  capturing  the  British  brigs  Detroit 
and  Caledonia,  while  anchored  under  the  protection  of  Fort 
Erie. 

§  15.  On  the  18th  of  January,  Mr.  Pickens,  of  North  Caro 
lina,  submitted,  in  the  house  of  representatives,  the  following 
resolution  for  an  amendment  to  the  constitution  of  the  United 
States.  On  the  20th,  the  same  resolution  was  submitted  in  the 
senate  by  Mr.  Turner,  in  pursuance  of  instructions  from  the 
legislature  of  the  state  of  North  Carolina.  The  resolution 
passed  the  senate  22  to  9,  but  no  order  was  taken  thereon  in  the 
house  of  representatives. 

Resolved,  by  the  senate  and  house  of  representatives  of  the  Uni 
ted  States  of  America  in  congress  assembled,  two  thirds  of  both 
houses  concurring  therein,  that  the  following  amendment  to  the 
constitution  of  the  United  States  be  proposed  to  the  legislatures 
of  the  several  states,  which,  when  ratified  by  the  legislatures  of 
three  fourths  of  the  said  states,  shall  be  valid,  to  all  intents  and 
purposes,  as  a  part  of  the  said  constitution  : 

That,  for  the  purpose  of  choosing  representatives  in  the 
congress  of  the  United  States,  each  stace  shall,  by  its  legisla 
ture,  be  divided  into  a»  number  of  districts  equal  to  the  number 
of  representatives  to  which  such  state  may  be  entitled. 

Those  districts  shall  be  formed  of  contiguous  territory,  and 
contain,  as  nearly  as  may  be,  an  equal  number  of  inhabitants 
entitled  by  the  constitution  to  be  represented  :  in  each  district 
the  qualified  voters  shall  elect  one  representative,  and  no  more. 


88  HISTORICAL  REGISTER.         [CHAP.  in. 

That,  for  the  purpose  of  appointing  electors  of  president 'and 
vice-president  of  the  United  States,  each  state  shall,  by  its  le 
gislature,  be  divided  into  a  number  of  districts  equal  to  the 
number  of  electors  to  which  such  state  may  be  entitled:  those 
districts  shall  be  composed  of  contiguous  territory,  and  contain, 
as  nearly  as  may  be,  an  equal  number  of  inhabitants,  entitled 
by  the  constitution  to  representation.  In  each  district  the  per 
sons  qualified  to  vote  for  representatives  shall  appoint  one  elector, 
and  no  more.  The  electors,  when  convened,  shall  have  power,* 
in  case  one  or  more  of  those  appointed  as  above  prescribed 
shall  fail  to  attend,  for  the  purposes  of  their  said  appointment,  on 
the  day  prescribed  for  giving  their  votes  for  president  and  vice- 
president  of  the  United  States,  to  appoint  another  or  others  to 
act  in  the  place  of  him  or  them  so  failing  to  attend. 

Neither  the  districts  for  choosing  representatives,  nor  those 
for  appointing  electors,  shall  be  altered  in  any  state,  until  a  cen 
sus  and  apportionment  of  representatives  under  it,  made  subse 
quent  to  the  division  of  the  state  into  districts,  shall  change  the 
number  of  representatives  and  of  electors  to  which  such  state 
may  be  entitled.  The  division  of  the  states  into  districts  here 
by  provided  for,  shall  take  place  immediately  after  this  amend 
ment  shall  be  adopted  and  ratified  as  a  part  of  the  constitution 
of  the  United  States,  and  successively  afterwards  whenever,  by 
a  census  and  apportionment  of  representatives  under  it,  the 
number  of  representatives  and  of  electors  to  which  any  state 
may  be  entitled,  shall  be  changed:  the  division  of  such  state 
into  districts,  for  the  purposes  both  of  choosing  representatives 
and  of  appointing  electors,  shall  be  altered  agreeably  to  the 
provisions  of  this  amendment,  and  on  no  other  occasion. 

§  16.  On  the  16th  of  December,  in  the  house  of  representa 
tives,  Mr.  Qu'mcy  submitted  the  following  resolution,  which  he 
prefaced  by  some  observations  favourable  to  the  policy  of  con 
ferring  honorary  rewards  for  bravery ;  and  certainly,  he  re 
marked,  no  class  of  men  more  justly  deserved  the  meed  of 
honour  than  those  attached  to  our  gallant  little  navy.  But,  as  it 
was  a  part  of  the  duty  of  the  house  to  pass  such  votes,  it  was 
also  their  duty  to  see  them  carried  into  execution.  He  applied 
these  remarks  to  the  vote  by  congress  of  a  gold  medal,  sword, 
&c.  to  commodore  Preble  and  his  companions  in  arms,  for  their 
spirited  exertions  before  Tripoli.  He  stated,  that  an  appropria 
tion  of  $20,000  had  been  made  and  expended  to  carry  this  vote 
into  effect :  and  yet,  he  said,  he  believed  no  officer  concerned 
had  received  the  swords  voted  to  them  ;  if  they  had,  he  had  not 
been  able  to  hear  of  one.  As  to  the  medal  voted  to  commodore 
Preble,  arid  the  month's  pay  to  the  seamen,  his  knowledge  did 


9  16.1          PROCEEDINGS  OF  CONGRESS,  89 

not  extend.  But  if  the  swords  were  given,  as  the  resolution 
directed,  to  those  who  had  distinguished  themselves  on  that 
occasion,  it  was  as  necessary  to  the  object  of  the  vote  that  their 
names  should  he  known  as  that  rhe  swords  should  be  received. 
He  therefore  proposed  a  resolution,  substantially  as  follows: 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  cause  to  be  laid  before  this  house  a  statement  of  proceed 
ings  had  under  the  resolution  of  congress  of  the  3d  March,  1805, 
whereby  the  president  of  the  United  States  was  requested  to 
cause  a  gold  medal  to  be  presented  to  commodore  Preble,  and 
swords  to  the  officers,  &c.  and  that  he  be  requested  to  cause  to 
be  stated  the  names  of  the  officers  who  received  these  distinc 
tions,  and  stating  the  manner  in  which  the  appropriation  of 
twenty  thousand  dollars,  made  for  this  object,  was  expended. 

The  motion  was  agreed  to,  and  a  committee  appointed  to 
wait  on  the  president,  who,  in  compliance  with  the  resolution, 
transmitted  to  the  house  a  report  of  the  secretary  of  the  navy  on, 
the  subject.  The  secretary  stated  in  his  report,  that,  in  pursu 
ance  of  the  resolution  of  congress  of  the  3d  of  March,  1805,  a 
gold  medal,  emblematical  of  the  attacks  on  the  town,  batteries, 
and  naval  force  of  Tripoli,  by  the  squadron  under  commodore 
Preble's  command,  was  presented  to  the  commodore,  accompa 
nied  by  a  letter  from  Robert  Smith,  then  secretary  of  the  navy, 
requesting  him  to  receive  it  as  a  testimony  of  his  country's  es 
timation  of  the  important  and  honourable  services  rendered  by 
him. 

The  secretary  further  stated,  u  That  one  month's  pay  was  al 
lowed,  *  exclusively  of  the  common  allowance,  to  all  the  petty 
officers,  seamen,  and  marines  of  the  squadron,  who  so  glorious 
ly  supported  the  honour  of  the  American  flag,  under  the  orders 
of  their  gallant  commander  in  the  several  attacks:' 

"  That  no  sword  has  been  presented  to  either  of  the  commis 
sion  officers  or  midshipmen,  who  distinguished  themselves  in, 
the  several  attacks: 

"  And  that  it  is  not  known  to  this  department,  that  there  ever 
was  made  by  congress  a  specific  appropriation  of  twenty  thou 
sand  dollars  for  the  purpose  of  carrying  into  effect  the  resolu 
tion  referred  to. 

"With  respect  to  that  part  of  the  resolution  which  'requests 
the  president  to  cause  a  sword  to  be  presented  to  each  of  the 
commission  officers  and  midshipmen,  who  distinguished  them 
selves,'  it  is  presumed  that  the  president  saw  what  to  his  mind 
appeared  difficulties  of  great  delicacy,  from  the  peculiar  language 
of  the  resolution.  By  the  resolution  he  was  requested  to  present 
swords  to  such  only  as  had  distinguished  themselves;  andiajl 

VOL,  I.  O 


90  HISTORICAL  REGISTER.         [CHAP.  m. 

having  been  represented  to  him  as  having  acted  gloriously,  he 
could  not,  in  justice,  draw  with  precision  a  line  of  discrimina 
tion.  He  felt,  it  is  presumed,  a  repugnance  to  the  making  of  a 
selection  which,  by  imputation,  would  necessarily  have  cast  an 
unmerited  reproach  upon  all  not  therein  included.  A  degrada 
tion  of  that  kind  might  have  greatly  injured  the  service,  and 
could  not  possibly  have  been  grateful  to  the  honourable  feelings 
of  the  favoured  officers." 

This  message  was  referred  to'  a  committee  of  seven  mem 
bers,  who,  on  the  26th  of  February,  made  a  report  to  the  house, 
accompanied  with  a  correspondence  with  the  navy  department 
on  the  subject. 

"  From  these  letters  and  documents  it  appears,"  say  the  com 
mittee,  u  that  in  a  letter  addressed  to  the  chairman  of  the  com 
mittee  of  ways  and  means,  dated  the  16th  December,  1805,  and 
in  explanation  of  the  'causes  why  the  expenditures  of  that  branch 
of  the  public  service  had  so  far  exceeded  the  estimates  and  ap 
propriations  for  the  same,'  the  then  secretary  of  the  navy  did 
transmit  lan  estimate  of  expenses  defrayed"*  by  the  navy  depart 
ment,  containing  an  item  declared  to  be  '  for  expenditures  un 
der  a  resolution  of  congress  for  the  3d  of  March,  1805,  for 
which  objects  no  appropriations  have  been  made:  they  have 
therefore  been  defrayed  out  of  the  appropriations  for  the  sup 
port  of  the  navy  for  the  year  1805,  twenty  thousand  dollars. 

"  Upon  this  statement,  an  act  passed  on  the  22d  of  January, 
1806,  making  an  additional  appropriation  to  supply  the  deficien 
cies  in  the  appropriations  for  the  naval  service  during  the  year 
1805,  in  which  was  included  the  above  sum,  thus  stated  to  be  a 
deficiency  incurred  by  an  expenditure  which,  to  that  amount, 
had  been  defrayed  by  the  navy  department. 

"  It  now  appears,  by  a  letter  from  the  secretary  of  the  navy, 
dated  the  2d  of  February  instant,  that  the  item  above  mention 
ed,  instead  of  being,  as  it  was  stated  to  be,  ''for  expenditures 
which  had  been  defrayed''  by  the  navy  department,  was,  in  fact 
merely  an  item  stating  '  a  defcitj  which  resulted  from  l  an  esti 
mate  that  the  objects  contemplated  by  the  resolution  would,  if  car 
ried  into  effect,  cost  the  swn  of  $20,OOO.' 

''From  the  preceding  statement,  it  therefore  appears  to  your 
committee,  that  the  sum  of  twenty  thousand  dollars  had  not  been 
*  defrayed  out  of  the  appropriations  for  the  support  of  the  navy 
for  the  year  1805,'  as  was  alleged  to  have  been  done  in  the  item 
annexed  to  the  letter  of  the  secretary  of  the  navy  of  the  16th 
December,  1805. 

44  It  also  appears  to  your  committee,  that  the  above  sum  of 
$  20,000  has  never  been  expended  for  objects  specified  in  the 


§  16.]  PROCEEDINGS  QF  CONGRESS.  91 

item  annexed  to  that  letter,  and  on  account  of  which  that  sum 
was  included  in  the  appropriation  made  by  the  act  of  the  22dof 
January,  1806;  the  sum  of  g  6,941  32  cents  only  having  been 
expended  for  objects  specified  in  that  item,  there  remained  an 
unexpended  balance  of  that  item  of  appropriation  of  $1 3,058  68 
cents. 

u  In  relation  to  this  balance  it  appears,  that  it  is  not  known 
with  certainty  at  the  navy  department,  whether  that  balance  has 
been  applied  to  other  objects  of  navy  expenditures;  any  farther 
than  from  the  circumstance  that,  at  that  time  the  warrants  of 
the  navy  department  'upon  the  treasurer  were  drawn  upon  the 
appropriations  indiscriminately,'  and  the  'whole  amount  of  the 
appropriations  having  been  expended,'  it  is  presumed  or  sup 
posed,  *  to  follow  irresistibly  that  this  balance  was  merged  in 
the  general  navy  expenditures.' 

"  Inasmuch,  therefore,  as  the  amount  of  this  item  of  appro 
priation  was  obtained  under  the  suggestion  of  an  actual  and 
4  defrayed?  expenditure,  when,  in  fact,  it  was  merely  an  estimat 
ed  and  undefrayed  expense,  and  inasmuch  as  it  appears  that  it 
has  been  expended  for  objects  to  which  it  was  originally  not 
destined  by  law,  your  committee  are  of  opinion  that  a  farther 
examination  is  required  into  the  real  objects,  to  which  this  un 
expended  balance,  obtained  under  that  suggestion,  has  been  ac 
tually  applied. 

"  With  respect  to  that  part  of  the  resolution  of  the  3d  of 
March,  1805,  which  'requests  the  president  to  cause  a  sword 
to  be  presented  to  each  of  the  commission  officers  and  midship 
men  who  distinguished  themselves  in  the  attack  on  the  town, 
batteries,  and  naval  force  of  Tripoli,'  in  the  execution  of  which, 
the  secretary  of  the  navy  states,  that  4  it  is  presumed  that  the 
president  saw  what  to  his  mind  appeared  difficulties  of  great 
delicacy,  from  the  peculiar  language  of  the  resolution ;'  your 
committee  cannot  but  regret  that  the  terms  of  the  resolution 
should  have  been  such  as  to  prevent  the  officers  and  midshipmen 
of  that  squadron  from  receiving  the  decreed  and  well  deserved 
marks  of  their  country's  gratitude  and  honour.  It  is,  however, 
apparent  to  your  committee,  that  congress,  by  passing  the  reso 
lution  of  the  3d  of  March,  1805,  did  decide  that  some  of  the 
officers  and  midshipmen,  engaged  in  that  service,  were  entitled 
to  and  should  receive  the  destined  testimony  of  the  nation's 
sense  of  their  merit.  If,  as  is  suggested  in  the  letter  of  the 
secretary  of  the  navy,  the  nature  ol  the  service  and  the  equality 
of  desert  make  discrimination  difficult,  your  committee  are  of 
opinion,  that,  under  such  circumstances,  it  is  better  and  more 
•worthy  of  the  national  character,  that  all  should  receive  the 


92  HISTORICAL  REGISTER.          [CHAP,  m, 

destined  reward,  than  that  it  should  be  withheld  from  all.  The 
universality  of  distribution  (should,  in  the  opinion  of  the  presi 
dent,  *  all  have  acted  gloriously')  will  be  a  testimony  of  geneial 
merit,  and  to  each  individual  an  evidence  of  his  having  been  a 
partaker  of  the  glory  of  that  service.  A  total  neglect  of  such 
distribution,  after  so  distinct  and  public  an  acknowledgment  of 
the  title  of  some,  is,  in  the  opinion  of  your  committee,  doing 
justice  to  none.  Under  these  impressions — considering  that 
the  conduct  of  the  squadron  under  the  command  of  commodore 
Preble,  in  the  harbour  and  before  the  batteries  of  Tripoli,  con 
stitutes  one  of  the  most  brilliant  portions  of  our  naval  historv ; 
considering  that  the  resolution  passed  on  the  3d  of  March,  1805, 
raised  just  expectations  in  the  officers  and  midshipmen  engaged 
in  that  service,of  receiving  some  distinct  tokens  of  their  country's 
favour  ;  considering,  also,  the  great  importance,  at  this  crisis  of 
our  affairs,  of  not  discouraging  the  spirit  of  our  naval  command 
ers,  by  withholding  rewards,  to  which  they  have  already  been 
declared,  by  a  solemn  resolution  of  congress,  to  be  entitled ; 
your  committee  have  deemed  it  their  duty  to  recommend  a  re 
newal  of  the  appropriation,  to  the  amount  of  the  unexpended 
balance  above  stated,  to  enable  the  president  of  the  United 
States  to  carry  into  full  effect  the  resolution  of  the  3d  of  March, 
1805." 

This  report  was  not  acted  on  during  the  session. 

§  17".  On  the  23d  of  December,  on  motion  of  Mr.  Quincy,  a 
committee  was  appointed  by  the  house  of  representatives  to  en 
quire  into  the  principles  and  practice  adopted  by  the  treasury 
department  in  relation  to  the  revenue  laws,  and  to  the  mitigat 
ing  and  remitting  the  fines,  penalties,  and  forfeitures  accruing 
under  the  same.  On  the  27th  of  February  the  committee  re 
ported,  that  they  had  had  an  interview  with  the  secretary  of  the 
treasury,  and  examined  such  papers  as  they  deemed  necessary 
for  the  due  execution  of  their  trust ;  and  that  they  had  address 
ed  a  letter  to  him,  and  received  one  in  reply,  on  the  subject, 
which  accompanied  their  report.  The  committee  stated,  that, 
as  far  as  they  were  enabled  to  judge,  the  remitting  and  mitigat 
ing  powers  had  been  used  in  a  manner  liberal  and  just.  The 
committee,  in  their  letter  to  the  secretary,  make  the  following 
enquiries : 

1.  Whether,  in  cases   of  "  intention  of  fraud"  existing,   the 
department  deems  itself  authorized  either  to  remit  or  mitigate  ? 

2.  Whether,  in  cases  of  '  wilful  negligence'  existing,  the  de 
partment  deems  itself  authorised  either  to  remit  or  mitigate? 

3.  Whether,  in  cases  where  neither  one  nor  the  other  exists, 
the  department  deems  itself  at  liberty  to  inflict  the  whole  pe 
nalty  or  any  part  of  it  ? 


•i  17.]  PROCEEDINGS  OF  CONGRESS.  93 

4.  If  the  department  have  deemed  itself  at  liberty,  in  cases 
where  no  "wilful  negligence,"  and  "  no  fraud"  has  existed,  to 
inflict  the  whole  penalty  or  forfeiture,  or  any  part  of  either,  by 
what  general  principles  has  its  decision,  in  such  cases,  been 
regulated?  particularly,  whether  the  department  has  deemed 
itself  confined,  in  relation  to  such  cases,  to  such  a  mitigation  of 
the  penalty,  or  forfeiture,  as  might  include  the  mere  incidents 
of  the  prosecution,  and  the  "terms  and  conditions,"  on  which, 
having  reference  to  such  incidents,  it  should  be  made  to  cease  : 
or  whether,  in  relation  to  such  cases,  it  has  deemed  itself  at 
liberty  to  take  into  consideration  other  circumstances,  such  as 
the  profits  of  the  treasury,  the  gains  of  the  individual,  the  like, 
or  other  considerations,  in  estimating  the  amount  of  the  penalty 
or  forfeiture  to  be  exacted  ? 

5.  The   committee  having  perceived  that,  in   certain  cases 
where  "wilful  negligence  and  fraud"  were  stated  not  to  exist, 
the  condition  of  release  has  been  on  the  payment  of"  costs  and 
charges,  and  a  certain  per  centage,  for  the  use  of  the  United 
States,  in  addition  to  the  duty  established  by  laiv"  inquire  by 
what  principles  this  levy  has  been  regulated?  to  what  cases  it 
has  been  applied  ?  and  what  has  been  the  gain  to  the  United 
States  by  such  payments  of  per  centage  ? 

The  committee  also  request  a  general  statement  of  the  fines, 
penalties,  and  forfeitures  received  by  the  treasury  department, 
since  the  date  of  the  establishment,  and  the  expenses  which 
have  occurred  on  prosecutions  for  them. 

To  these  queries  of  the  committee  it  was  answered  : 

1.  That  the  secretary  of  the  treasury  does  not  consider  him 
self  authorized  either  to   remit  or  to  mitigate   in  cases  where, 
in    his   opinion,    there  has  been   either  intention  of  fraud  or 
(statute^)  wilful  negligence. 

2.  That  he  does  not  consider  himself  authorized  to  inflict  the 
whole  penalty,  in  cases  where,  in  his  opinion,  there  has  been 
neither  intention  of  fraud,  nor  (statute)  wilful  negligence. 

3.  That  he  does  consider  himself  authorized,  when,  in  his 
opinion,  necessary  and  proper,  to  enforce  a  part  of  the  penalty 
in  some,  and  to  require  the  payment  of  costs   in  all  the  cases 
where,  in  his  opinion,  there  has  been  neither  intention  of  fraud, 
nor  (statute)  wilful  negligence. 

4.  From  what  has  already  been  stated,  it  follows  that  if  by 
"incidents  of  prosecution,"  and  terms  and  conditions  connected 
therewith,  the  payment  of  costs  only  be  meant,  the  treasury 
(with  the  exception  of  a  few  cases  of  great  hardship)  has  re 
quired  such  payment  in  all  cases  of  remission  or  mitigation,  and 
has  not  deemed  itself  confined  to  such  payment  in  those  cases 


94  HISTORICAL  REGISTER.          [CHAP.  m. 

where  it  appeared  necessary  and  proper  to  enforce  a  part  of  the 
penalty  or  forfeiture.  The  statute  grants,  in  that  respect,  two 
distinct  powers ;  that  of  prescribing  the  terms  and  conditions 
on  which  prosecutions  shall  be  discontinued,  which  of  course 
embraces  the  payment  of  costs  and  other  incidents  of  prosecu 
tion  ;  and  that  of  mitigating,  or  remitting  only  in  part,  the  pe 
nalty  ;  which  last  authority  would  be  nugatory,  and  would  not 
therefore  have  been  given,  had  the  law  intended  to  confine  the 
effect  of  that  authority  to  the  cost's  or  other  similar  incidents  of 
prosecution,  these  being  embraced  bv  another  part  of  the  en 
acting  clause.  In  deciding  on  those  cases  to  which  the  power 
of  remitting  in  whole  or  in  part  does  apply,  and  in  graduating 
the  amount  of  penalty  enforced,  in  those  where  it  appeared  im 
proper  to  grant  an  unqualified  remission,  the  treasury  has  been 
invariably  governed  by  three  principles  :  1st,  Enforcing  the 
laws  ;  2dly,  Reducing  the  penalty  to  that  amount,  and  requiring 
only  that  portion,  which  appeared  sufficient  for  the  purpose  of 
preventing  infractions  ;  3dly,  Uniform  rules  of  decision,  so 
far  as  the  diversity  of  cases  rendered  them  practicable.  In  the 
application  of  those  principles  to  individual  cases,  several  cir 
cumstances  have  naturally  been  taken  into  consideration,  such 
as  the  degree  of  negligence  manifested  by  the  party;  the  impor 
tance,  for  the  safety  of  the  revenue,  of  the  particular  provision, 
which  had  been  infringed  ;  the  encouragement  due  to  the  vigi 
lance  of  the  officers  ;  and,  when  necessary  for  the  purpose  of 
checking  illegal  importations,  the  profit  derived  from  the  trans 
action.  The  gain  of  the  treasury  never  had  any  influence  on 
any  decision,  nor  has  ever  been  thought  of.  The  portion  of  a 
mitigated  penalty  sometimes  happens  to  be  paid  into  the  trea 
sury,  because  the  law  had  made  one  half  payable  there,  if  not 
mitigated.  The  decisions  of  the  treasury  never  can  add  any 
thing  to  the  amount  actually  forfeited  and  otherwise  legally 
payable  ;  and  whenever  a  mitigation  takes  place,  it  operates  as 
a  deduction  from  such  payment. 

The  whole  number  of  decisions  since  the  present  secretary  of 
the  treasury  has  filled  that  office,  viz.  from  the  14th  of  May, 
1801,  to  the  14th  December,  1812,  amounts  to  1297.  In  92  of 
these  cases,  there  being,  in  the  opinion  of  the  treasury,  intent  of 
fraud  or  (statute)  wilful  negligence,  no  remission  could  be 
granted.  Of  the  1205  other  cases,  to  which  the  power  of  re 
mitting  in  whole  or  in  part  applied,  there  have  been  888,  in 
which  an  absolute  remission  has  been  granted,  generally  on  pay 
ment  of  costs  ;  and  317  have  been  mitigated.  In  about  two- 
thirds  of  these,  nothing  more  rns  been  inflicted  than  the  pay 
ment  of  sums,  generally  inconsiderable,  to  the  use  of  the  custom- 


§  17.]  PROCEEDINGS  OF  CONGRESS.  95 

house  officers.  Of  the  residue,  there  are  27,  consisting  of  three 
embargo  cases  and  of  24  cases  of  illegal  importations,  princi 
pal!)  from  Amelia  island,  or  in  vessels  at  sea  when  war  was 
declared,  in  which  the  decision  has  been  ;  that  from  the  net  pro 
ceeds  of  sales,  the  costs,  and  (in  the  cases  of  importation)  the 
duties  in  force  when  the  decisions  took  place,  should  he  deduct 
ed  j  that  the  residue,  if  not  exceeding  the  prime  cost,  freight, 
insurance,  and  other  charges,  should  be  paid  to  the  claimants ; 
and  that  the  surplus,  if  any,  should  be  distributed  in  the  same 
manner  as  the  whole  forfeiture,  if  enforced,  would  have  been. 
In  one  of  those  cases  150  dollars  have  been  paid  into  the 
treasury.  It  is  ascertained,  that  in  many  of  them  there  is  no 
surplus ;  and  the  same  result  is  anticipated  in  most  others.  In 
67  other  cases  hereafter  stated,  in  answer  to  the  last  quere  of  the 
committee,  the  whole  amount  paid  into  the  treasury  falls  short 
of  four  thousand  dollars.  There  may  be  eight  or  ten  more  cases 
of  mitigations,  in  which  some  payments  have  been  or  may  be 
made  into  the  treasury,  and  which,  not  being  sufficiently  desig 
nated  in  the  register  of  decisions,  could  not  be  ascertained  with 
out  a  critical  examination  of  all  the  original  papers.  The 
amount  of  penalties  and  forfeitures  actually  paid  into  the  trea 
sury,  and  which  is  hereafter  stated,  arises  almost  exclusively 
from  cases  of  fraudulent  infractions  of  the  laws,  on  which  no 
remission  whatever  could  take  place,  and  in  most  of  which  no 
application  has  of  course  been  made  to  the  treasury. 

5.  In  casts  where  a  fine  is  mitigated,  it  is  always  done  by  fix 
ing  a  sum  of  money  less  than  the  fine.  When  a  forfeiture  is 
mitigated,  it  is  more  consistent  with  the  spirit  of  the  law,  that 
the  reduced  payment  which  is  required  should  still  be  in  pro 
portion  to  the  value  of  the  whole  forfeiture  incurred.  This 
principle  has  been  adopted  in  those  cases  designated,  as  having 
been  mitigated  by  requiring  the  payment  of  a  per  centage.  All 
those  which  have  been  ascertained  amount  to  sixty-seven,  as  al 
ready  stated,  and  consist  of  two  classes. 

1.  The  first  partial  non-importation  act  took  effect  on  the  first 
day  of  July,  1808.  The  following  rules  were  adopted,  with 
respect  to  subsequent  importations,  not  fraudulent  and  suscep 
tible  of  remission  or  mitigation.  An  absolute  remission  was 
granted  on  all  importations  in  vessels  which  had  sailed  from  a 
British  port  prior  to  the  1st  of  June,  1808,  on  the  ground  that 
there  was  a  possibility  of  their  arrival  prior  to  the  time  when 
the  law  took  t  ffect.  The  forfeiture  was  mitigated  in  the  sub 
sequent  cases,  and  no  greater  portion  required  than  what  appear 
ed  absolutely  necessary  to  prevent  continual  infractions.  For 
that  purpose,  the  forfeiture  was  reduced  to  the  payment  of  a  sum 


96  HISTORICAL  REGISTER.          [CHAP.  in. 

equal  to  double  the  amount  of  the  legal  duties,  to  be  divided  as 
the  forfeiture  itself,  if  enforced,  would  have  been.  But  that 
sum  was  levied  only  on  the  articles  actually  prohibited,  and  not 
on  those  otherwise  admissible  and  belonging  to  the  same  own 
ers,  though  the}7  were  also  forfeited  by  the  law.  There  were  37 
cases  of  this  description,  It  has  been  ascertained  that  the  sum 
paid  in  the  treasury  on  30  of  them  amounts  to  $  1647  44  cents. 
The  sum  paid  on  the  seven  other  cases  is  blended  in  the  collec 
tors'  accounts  with  the  ordinary. duties,  but,  from  the  value  of 
the  merchandise,  is  estimated  to  have  been  less  than  nine  hun 
dred  and  sixty  dollars.  The  forfeitures  remitted  by  those  same 
decisions  are  believed  to  have  exceeded  half  a  million  of  dol 
lars  in  value. 

2.  The  importation  of  spirits,  porter,  and  refined  sugar,  is 
prohibited  in  vessels  or  casks  of  a  size  less  than  is  prescribed  by 
law.  In  the  first  decisions  made  on  those  cases,  the  condition 
of  the  remission  was,  that  tht  articles  imported  contrary  to  law 
should  be  re-exported,  without  giving  any  other  option  to  the 
owners.  The  only  exception,  whilst  that  rule  prevailed,  is  Gil- 
lespie's  case,  where  the  spirits  had  been  sold  by  order  of  court 
prior  to  the  application  for  a  remission  being  made.  The  con 
dition  of  paying  one  fourth  part  oi  the  proceeds  was  substituted 
to  that  of  re-exportation,  which  had  become  impracticable.  The 
share  of  the  United  States,  contrary  to  what  was  intended,  did 
not  in  that  case  cover  the  legal  duties.  It  being  from  experience 
ascertained  that  the  condition  of  an  absolute  re-exportation  was 
sometimes  impracticable,  and  in  most  cases  more  severe  than 
was  required  for  the  purpose  of  preventing  infractions  of  the 
law,  an  alteration  was  added  to  that  condition,  by  leaving  it  op 
tional  with  the  claimants,  if  they  did  not  re-export,  to  pay  a  cer 
tain  sum,  which,  after  some  variations,  "was  fixed  at  the  rate  of 
five  cents  per  gallon  of  spirits,  for  the  use  of  the  United  States, 
in  addition  to  the  legal  duties.  But  in  all  the  cases,  two  only  ex- 
cepted,  where  the  omissions  arose  from  inadvertence  in  filling 
the  decisions,  the  condition  of  the  re-exportation  has  always 
been  preserved,  and  the  payment  aforesaid  imposed  only  in  case 
of  not  comply  ing  with  that  condition.  The  cases  of  this  descrip 
tion  in  which  any  money  may  have  been  paid  in  the  treasury 
amount  to  thirty.  The  actual  payments,  being  blended  with 
the  accounts  of  duties,  cannot  be  ascertained.  But  the  amount  of 
spirits,  porter,  and  sugar,  embraced  by  those  cases  have  been 
ascertained  from  the  applications  for  remission;  and  it  appears, 
that  if  no  part  has  been  re-exported,  and  if  in  every  instance 
the  parties  have  preferred  to  pay  the  sum  to  which  the  forfeiture 


§  18.]          PROCEEDINGS  OF  CONGRESS.  97 

was  reduced,  the  whole  amount  paid  in  the  treasury  cannot  have 
exceeded  §1, 400,  and  may  therefore  have  been  less. 

The  fines,  penalties,  and  forfeitures  paid  by  the  collectors  in 
the  treasury  from  the  1st  of  January,  1794,  to  the  31st  of  De 
cember,  1811,  amount  to  253,508  dollars  and  5  cents.  The  ex 
penses  of  prosecution  in  those  cases,  as  paid  by  the  marshals, 
cannot  be  discriminated  from  the  general  expences  paid  general 
ly  for  jurors,  witnesses,  and  all  other  expences  incident  to  the 
prosecutions  of  every  species  of  offences  against  the  United 
States,  including  the  safe  keeping  of  prisoners.  The  aggregate 
of  all  these,  amounts,  forjthe  same  period,  to  857,206  dollars  and 
69  cents.  There  can  be  no  doubt  that  the  portion  expended  in 
prosecuting  for  the  offences  against  the  revenue  and  restrictive 
laws,  under  which  the  above  mentioned  fines,  penalties,  and  for 
feitures  have  been  incurred  and  paid,  considerably  exceeds  the 
amount  actually  recovered  and  paid  in  the  treasury  ;  and  that 
those  penalties  have  never  been  a  source  of  revenue,  nor  been 
sufficient  to  defray  the  expences  of  prosecution  ;  for  which  ob 
ject  they  are  exclusively  appropriated  by  law. 

§  18.  On  the  8th  of  February,  the  senate  and  house  of  repre 
sentatives,  by  a  joint  resolution,  appointed  three  members  from 
each  house  as  a  committee  to  ascertain  and  report  a  mode  of  ex 
amining  the  votes  for  president  and  vice-president  of  the  United 
States,  and  of  notifying  the  persons  elected  of  their  election,  who 
next  day  reported  the  following  resolution,  which  was  agreed  to 
by  both  houses. 

Resolved,  That  the  two  houses  shall  assemble  in  the  cham 
ber  of  the  house  of  representatives  on  Wednesday  next,  at 
12  o'clock.  That  two  persons  be  appointed  tellers  on  the  part 
of  the  house,  to  make  a  list  of  all  the  votes  as  they  shall  be  de 
clared.  That  the  result  shall  be  delivered  to  the  president  of 
the  senate,  who  shall  announce  the  state  of  the  votes  and  the  per 
sons  elected,  to  the  two  houses  assembled  as  aforesaid,  which 
shall  be  deemed  a  declaration  of  the  persons  elected  president 
and  vice-president,  and,  together  with  a  list  of  the  votes,  be  en 
tered  on  the  journals  of  the  two  houses. 

Accordingly,  on  Wednesday,  February  10th,  at  the  hour  of 
twelve,  the  senate  entered  the  hall  of  representatives,  preceded 
by  their  president,  secretary,  sergeant  at  arms,  and  door-keeper, 
and  proceeded  to  seats  prepared  for  them,  the  members  of  the 
house  having  risen  to  receive  them,  and  remaining  standing  un 
til  all  had  entered.  The  president  of  the  senate  took  a  seat 
which  had  been  prepared  for  him  at  the  speaker's  right  hand, 
and  the  secretary  of  the  senate  was  placed  beside  the  clerk  of  the 
house.  The  tellers,  Mr.  Franklin  of  the  senate,  and  Messrs. 

VOL.  i.  P 


98  HISTORICAL  REGISTER.       [CHAP.  m. 

Macon  and  Tallmadge  of  the  house,  were  seated  at  a  table  in 
front  of  the  speaker's  chair. 

The  president  of  the  senate  then  proceeded  to  open  and  hand 
to  the  tellers  the  sealed  returns  from  each  state,  which  were  read 
aloud  by  one  of  the  tellers,  and  noted  down  and  announced  by 
the  secretaries  of  each  house. 

The  votes  having  all  been  opened  and  read,  the  following  re 
sult  was  announced  from  the  chair  by  the  president  of  the  se 
nate,  viz. 

For  President. 

James  Madison,  of  Virginia,  128 

Dewitt  Clinton,  of  New  York,  89 

For  Vice- President. 

Elbridge  Gerry,  of  Massachusetts,  131 

Jared  Ingersoll,  of  Pennsylvania,  68 

The  president  of  the  senate  then  declared  James  Madison  to 
be  elected  president  of  the  United  States  for  four  years  ensuing 
the  4th  day  of  March  next,  and  Elbridge  Gerry  vice-president 
of  the  United  States  for  a  like  term  of  years. 

The  senate  then  departed  from  the  house  in  the  order  and 
manner  they  had  entered. 

On  the  Saturday  following,  a  committee  of  two  from  the  se 
nate,  and  three  from  the  house  of  representatives,  were  appoint 
ed  to  wait  on  the  president,  and  inform  him  of  his  re-election. 

§  19.  The  following  messages  from  the  president  were  laid 
before  congress  in  the  course  of  the  session,  in  addition  to  those 
already  mentioned. 

§  2O.  I.  A  message  transmitting  a  letter  from  Mr.  Lear,  the 
consul  general  at  Algiers,  stating  the  circumstances  preceding 
and  attending  his  departure  from  that  regency. 

From  this  document  it  appears,  that  on  the  1 7th  of  July,  1 8 1 23 
a  ship  arrived  at  Algiers  which  had  been  despatched  by  the  go 
vernment  of  the  United  States  with  a  cargo  of  naval  and 
military  stores  for  the  regency,  in  fulfilment  of  treaty  stipula 
tions.  That  on  an  invoice  of  the  articles  being  laid  before  the 
dey,  he  became  very  outrageous  on  finding  that  the  whole  of  the 
stores  that  he  had  ordered  had  not  been  sent,  and  declared  that 
he  would  not  receive  the  cargo,  and  that  the  consul  must  depart 
in  the  ship,  as  none  should  remain  in  his  regency  who  did  not 
cause  every  thing  to  be  brought  exactly  as  he  ordered. 

In  vain  did  the  consul  urge  the  punctuality  of  the  United 
States  in  her  payments,  and  the  almost  impracticability  of  her 
furnishing  such  large  supplies  at  one  time,  in  the  present  dis 
tracted  state  of  the  world  ;  the  dey  insisted  upon  having  every 
thing  brought  which  he  ordered,  without  regarding  whether  it 
amounted  to  more  than  the  sum  stipulated  in  the  treaty  or  not ; 


§  21—24.]  PROCEEDINGS  OF  CONGRESS.  99 

and  orders  were  issued  that  the  vessel  should  depart  in  two 
days,  with  the  consul  and  all  the  Americans  then  in  Algiers. 

The  following  day,  on  a  settlement  taking  place  between  the 
American  consul  and  the  prime  minister,  respecting  the  annui 
ties  stipulated  by  the  treaty,  there  appeared  a  difference  of  six 
months  annuity  in  their  statements,  owing  to  the  year  being 
counted  by  the  Algerines  by  the  Mahometan  calender,  which 
consists  of  354  days.  The  consul  objected  to  this  mode  of  cal 
culation,  but  the  objection  was  overruled,  and  he  was  informed 
that  the  balance  due  by  the  United  States,  amounting  by  the 
dey's  account  to  $  27,000,  must  be  paid  immediately  in  cash,  or 
that  he  should  be  sent  to  the  marine  in  chains,  the  vessel  and 
cargo  confiscated,  all  the  citizens  of  the  United  States  in  Algiers 
be  detained  in  slavery,  and  war  instantly  declared  against  the 
United  States. 

Several  efforts  were  made  by  the  consul,  aided  by  the  minis 
ters  of  the  dey,  to  induce  him  to  alter  this  determination,  and 
come  to  some  accommodation,  but  all  proved  unavailing  ;  and 
the  consul  was  under  the  necessity  of  borrowing  money  at  a 
discount  of  25  per  cent,  to  enable  him  to  comply  with  the  requi 
sitions  of  this  despotic  chief.  This  step  was  taken,  as  the  loss 
of  that  sum  to  the  United  States  was  deemed  a  smaller  evil,  than 
the  confiscation  of  the  vessel  and  cargo,  the  slavery  of  the  Amer 
icans  in  Algiers,  and  the  consequences  that  would  result  to  the 
unprotected  commerce  of  the  United  States  from  a  war,  without 
the  possibility  of  communicating  any  previous  notice. 

The  sum  demanded  was  accordingly  paid  on  the  following 
day,  and  the  consul  and  other  Americans  sailed  immediately  for 
Gibraltar*. 

§21.  2.  A  message  transmitting  a  correspondence  between 
John  Mitchell,  agent  for  American  prisoners  of  war  at  Halifax, 
and  the  British  admiral  commanding  at  that  station ;  also  a  letter 
from  commodore  Rodgers  to  the  secretary  of  the  navy,  throw 
ing  further  light  upon  the  impressment  and  treatment  of  Ame 
rican  seamen. 

§  22.  3.  A  message  communicating  resolutions  of  the  legisla 
ture  of  Pennsylvania,  approbatory  of  the  measures  of  the  gene 
ral  government  with  respect  to  our  foreign  relations. 

§  23.  4.  Messages  transmitting  letters  from  captains  Deca- 
tur,  Jones,  and  Bainbridge,  and  lieutenant  Elliot,  reporting  their 
brilliant  exploits. 

§  24.  5.  A  message  transmitting  a  proclamation  of  the  Bri 
tish  governor  of  Bermuda,  providing  for  the  supply  of  the  Bri 
tish  West  Indies  by  a  trade  under  licences,  accompanied  with  a 

*  This  unfortunate  vessel  v  "*       mned  at  Gibraltar  by  the  British. 


100  HISTORICAL  REGISTER.        [CHAP.III, 

circular  instruction,  confining,  if  practicable,  the  trade  to  the 
eastern  ports  of  the  United  States.    , 

This  message  contains  some  remarks  on  the  policy  of  Great 
Britain,  and  her  mode  of  warfare,  and  recommends  to  the  con 
sideration  of  congress,  the  better  to  guard  against  the  effects  of 
individual  cupidity  and  treachery,  the  expediency  of  an  effectual 
prohibition  of  any  trade  whatever,  by  citizens  or  inhabitants  of 
the  United  States,  under  special  licences,  and,  in  aid  thereof,  a 
prohibition  of  all  exports  under  foreign  bottoms. 

§  25.  6.  A  message  transmitting  a  correspondence  relative  to 
the  repeal  of  the  Berlin  and  Milan  decrees,  and  touching  the  re 
lations  between  the  United  States  and  France,  in  pursuance  of 
a  resolution  of  the  house  of  representatives  of  the  first  of 
March,  1813. 

The  subject  of  this  message  gave  rise  to  a  great  deal  of  dis 
cussion  in  the  following  session  of  congress,  and  resolutions 
were  passed  by  the  house  of  representatives,  requesting  further 
information  on  the  subject,  in  consequence  of  which  a  more  full 
elucidation  was  laid  before  them,  a  particular  account  of  which 
will  be  found  in  the  proceedings  of  that  session. 

The  whole  of  the  presidential  messages  with  the  accompany 
ing  documents  will  be  found  in  a  subsequent  part  of  this  volume, 
excepting  the  letters  containing  the  account  of  the  naval  cap 
tures,  which  are  given  in  their  proper  place  in  volume  2. 

§  26.  The  following  appropriations  were  made  by  congress 
during  the  session. 

For  defraying  the  expenses  of  the  military  establishment  of 
the  United  States,  including  the  volunteers  and  militia  in  actual 
service,  for  the  year  1813,  for  the  Indian  department,  and  for 
the  expense  of  fortifications,  arsenals,  and  armories,  the  follow 
ing  sums,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  in 
cluding  the  pay  of  the  artificers  and  labourers  in 
the  quarter-master-general's  and  ordnance  de 
partments,  and  of  the  private  servants  kept  by 
officers,  and  for  the  pay  of  the  volunteers  and 
militia  in  the  actual  service  of  the  United  States,  g  5,168,803 
For  forage  to  officers,  109,224 

For  the  subsistence  of  the  army,  and  volunteers 

and  militia,  2,977,531 

For  clothing,  2,015,884 

For  bounties  and  premiums,  557,740 

For  camp  and  field  equipage,  270,000 

For  the  medical  and  hospital  departments,  200,000 


$26.]        PROCEEDINGS  OF  CONGRESS.  }oi 

For  ordnance  and  ordnance  stores,  928,000 

For  fortifications,  497,000 

For  arsenals,  magazines,  and  armories,  352,208 

For  the  quarter-master-general's  department,  in 
cluding  fuel,  straw,  barrels,  quarters,  tools,  and 
all  expenses  incident  to  transportation,  2,300,000 

For  contingencies,  305,317 

For  purchasing  books,  maps,  and  plans,  2,500 

For  the  salary  of  the  commissary-general  of  pur 
chases,  3,000 

For  the  salaries  of  the  clerks  employed  in  the  offi 
ces  of  the  adjutant-general,  of  the  commissary- 
general,  and  of  the  quarter-master-general,  8,OOO 

For  the  purchase  of  books  and  apparatus  for  the 
military  academy,  12,000 

For  the  Indian  department,  164,500 

For  the  repayment  of  the  sum  of  527  dollars,  be 
ing  a  balance  due  the  state  of  Maryland  of  mo 
nies  paid  by  that  state  to  the  United  States,  as 
the  purchase  money  of  public  arms,  which  had 
not  been  fully  supplied,  527 

For  defraying  the  expenses  of  the  navy,  during  the  year  1813  • 

the  following  sums,  that  is  to  say  : 

For  the  pay  and  subsistence  of  the  officers,  and 

pay  of  the  seamen,  $  1,668,000 

For  pay  due  to  the  officers  and  crews  of  the 
public  ships  and  other  vessels  in  commis 
sion  for  the  year  1812,  365,000 

For  provisions,  775,00a 

For  medicines,  instruments,  hospital  stores, 

and  all  expenses  on  account  of  the  sick,  100,000 

For  repair  of  vessels,  640,000 

For  freight,  store  rent,  and  all  other  contingent 

etpenses,  250,000 

For  expenses  of  navy-yards,  comprising  docks 
and  other  improvements,  pay  of  superintend- 
ants,  store-keepers,  clerks,  and  labourers,  90,000 

For  ordnance,  and  for  ordnance  and  military 

stores,  100,000 

For  pay  and  subsistence  of  the  marine  corps, 
including  provisions  for  those  on  shore,  and 
forage  for  the  staff,  245,391  70 

For  clothing  for  the  same  71,788  1O 

For  military  stores  for  the  same,  27,608  75 


1Q2  mSTORICAL  REGISTER.        [CHAP.  in. 

For  medicine, medical  services,  hospital  stores, 
and  all  other  expenses  on  account  of  the  sick 
belonging  to  the  marine  corps,  20,000 

For  quarter-masters'  and  barrack-masters' 
stores,  officers'  travelling  expenses,  armor- 
rers' and  carpenters'  bills,  fuel,  premiums  for 
enlisting  men,  musical  instruments,  bounty 
to  music,  and  other  contingent  expenses  of 
the  marine  corps,  46,000 

For  building  and  equipping  four  seventy-fours 

and  six  frigates,  2,500,000 

For  building  six  sloops  of  war,  and  for  build 
ing  vessels  on  the  lakes,  900,000 

For  establishing  a  dock  yard,  100,000 

For  defraying  the  expense  of  preparing,  print 
ing,  signing,  &c.,  the  treasury  notes,  and  for 
commissions  on  their  sale,  65,OOO 

For  rewarding  the  officers  and  crews  of  the 

Constitution  and  Wasp,  125,000 

For  alterations  and  repairs  in  the  capitol,  5,OOO 

§  27.  This  session  of  congress  ended  on  the  3d  of  March,, 

1813,  by  the  expiration  of  their  constitutional  term. 


13th  CONGRESS 1st  SESSION. 


CHAPTER  IV. 

§  1.  Meeting  of  the  13th  congress.  §  2.  Election  of  speaker.  §  3, 
Message  of  the  president.  §  4.  Russian  mediation.  §  5.  Conduct  of 
the  war.  §  6.  Internal  revenue.  §  7.  Treasury  report.  §  8.  Re 
port  of  the  committee  of  ways  and  means.  §  9.  Direct  tax.  §  10. 
Tax  on  stills.  §11.  On  refined  sugar.  §  12.  On  licences  to  retailers. 
§  13.  On  sales  at  auction.  §  14.  Duties  on  carriages.  §  15.  Stamp 
duties.  §  16.  Commencement  of  the  taxes.  §  17.  Penalties.  §  18. 
Terms  of  payment.  §  19.  Collection.  §  20.  Assessment  and  collec 
tion  of  the  direct  taxes.  §  21.  Continuance  of  the  internal  duties. 
§  22,  Debate  on  the  tax  bills.  §  23.  Votes  on  their  passage.  §  24. 
Tax  on  imported  salt 

§  1.  A  NUMBER  of  important  objects  having  been  left  unfinish 
ed  by  the  constitutional  demise  of  the  12th  congress  on  the  4th 
of  March,  1813,  particularly  the  settling  a  revenue  to  meet  the 
increased  expenses  incident  to  a  state  of  war,  and  to  make  up 
the  deficiencies  occasioned  by  the  consequent  stagnation  of  com 
merce,  it  became  necessary  to  hold  an  extra  session  early  in  the 
ensuing  summer.  The  24th  of  May  had  therefore  been  fixed 
by  law  for  that  purpose. 

Accordingly,  at  12  o'clock  of  that  day,  Elbridge  Gerry,  esq. 
the  vice-president  of  the  United  States,  took  his  seat  in  the  se 
nate  chamber.  On  calling  over  the  roll  it  appeared  that  there 
were  25  members  present,  which  being  more  than  a  quorum,  the 
vice-president  rose  and  delivered  an  appropriate  address,  and 
the  usual  preparatory  orders  were  adopted. 

In  the  house  of  representatives,  the  late  clerk  called  to  order 
precisely  at  12  ;  the  roll  of  the  members  was  then  called  over 
by  states,  when  it  appeared  that  148  members  had  answered  to 
their  names. 

§  2.  A  large  majority  having  been  thus  ascertained  to  be  pre 
sent,  the  house  proceeded  to  the  choice  of  a  speaker.  Three 
tellers  were  named  by  the  clerk,  who,  after  counting  the  ballots, 
reported  the  votes  as  follows : 

For  Henry  Clay  89 

Timothy  Pitkin       54 

Scattering  5 


104  HISTORICAL  REGISTER.        [CHAP.  iv. 

Mr.  Clay  being  accordingly  declared  duly  elected,  was  con 
ducted  by  the  tellers  to  the  chair,  from  which,  after  having  been 
sworn,  he  addressed  the  house  in  an  appropriate  speech. 

The  members  were  then  sworn  in  by  states,  after  which  the 
house  elected  their  clerk,  door-keepers,  and  sergeant  at  arms*. 
After  the  usual  orders  were  adopted  in  respect  to  furnishing  the 
members  with  newspapers,  &c.,  a  committee  was  appointed 
jointly  with  a  committee  from  the  senate,  to  wait  on  the  presi 
dent,  and  inform  him  that  the  two  houses  were  ready  to  receive 
any  communication  he  might  have  to  make. 

§  3.  The  following  day  the  president  as  usual  transmitted  his 
message  to  both  houses. 

§  4.  In  this  communication,  the  president  commences  by  no 
ticing  his  acceptance  of  the  formal  offer  made  by  the  emperor  of 
Russia  of  his  mediation,  as  the  common  friend  of  both  parties, 
for  the  purpose  of  bringing  about  a  peace  between  the  United 
States  and  Great  Britain,  and  of  the  appointment  of  the  Ameri 
can  commissioners  without  waiting  for  the  acceptance  of  Great 
Britain,  to  avoid  the  delay  incident  to  the  distance  of  the  parties. 

After  observing,  that,  although  no  adequate  motives  exist  on 
the  part  of  Britain  to  prefer  a  continuance  of  war  to  the  terms 
on  which  the  United  States  are  willing  to  close,  the  president 
suggests  that  it  is  our  true  policy,  to  adapt  our  measures  to  the 
supposition,  that  the  only  course  to  that  happy  event  is  in  the 
vigorous  prosecution  of  the  war. 

§  5.  As  an  encouragement  to  perseverance,  he  notices  the 
brilliant  achievements  of  our  infant  navy,  the  success  of  the 
army  at  York,  and  the  repulse  of  the  enemy  at  fort  Meigs. 

§  6.  The  president  then,  adverting  to  the  situation  of  the  trea 
sury,  urges  the  necessity  of  providing  a  well  digested  system  oi 
internal  revenue.  This,  he  observes,  will  have  the  effect  not 
only  of  abridging  the  amount  of  necessary  loans,  but  of  improv 
ing  the  terms  on  which  they  may  be  obtained.  In  recommend 
ing,  continues  he,  "  this  resort  to  additional  taxes,  I  feel  great 
satisfaction  in  the  assurance,  that  our  constituents,  who  have  al 
ready  displayed  so  much  zeal  and  firmness  in  the  cause  of  their 
country,  will  cheerfully  give  every  other  proof  of  their  patrio 
tism  which  it  calls  for."  He  then  adds,  "  by  rendering  the  pub 
lic  resources  certain,  and  commensurate  to  the  public  exigen 
cies,  the  constituted  authorities  will  be  able  to  prosecute  the  war 
more  rapidly  to  its  proper  issue ;  every  hostile  hope  founded  on 
a  calculated  failure  of  our  resources  will  be  cut  off;"  and  thus 
"  the  best  security  will  be  provided  against  future  enterprize* 
on  the  rights  or  the  peace  of  the  nation." 

*  The  chaplain  was  chosen  on  the  Wednesday  following. 


I  r.J  PROCEEDINGS  OF  CONGRESS.  10$ 

§  7.  On  the  third  of  June  the  treasury  report  was  laid  before 
the  house  of  representatives,  and  was  by  them  referred  to  the 
committee  of  ways  and  means. 

The  report  states  that  the  receipts  into  the  treasury  from  Oc 
tober  1,  1812,  to  March  31,  1813,  amounted  to  $  15,412,416  25 
The  balance  in  the  treasury  on  Sept.  30,  was  2,362,652  69 


Making  together  17,775,068  94 

Expenditures  for  the  same  period  15,919,334  41 

Balance  in  the  treasury  April  1  1,855,734  53 

17,775,068  94 


In  the  above  statement  of  receipts  is  included  the  sum  of 
$  1,086,737  50,  being  that  part  of  the  loan  of  16  millions  paid 
into  the  treasury  prior  to  April  1. 

The  resources  for  the  residue  of  the  year  1813  consist  of  the 
following  items,  viz. 

1.  The  remainder  of  the  loan  above  men 
tioned  g  14,913,262  50 

2.  The  sums  payable  on  account  of  cus 
toms  and  of  the  sales  of  public  lands,  es 
timated  at  9,320,000  00 

3.  The  five  millions  of  dollars  in  treasury 
notes,  authorized  by  the  act  of  February 

25,  1813  5,000,000  OO 

Say  g  29,230,000  00 

The  expenses  for  the  last  nine  months  of  the  present  year  are 
calculated  as  folio weth,  viz. 

1    Civil  list,  and  all   expenses   of   a   civil 

nature,  both  foreign  and  domestic  900,000  00 

2.  Payments  on  account  of  the  principal 

and  interest  of  the  public  debt  10,510,000  00 

3.  Expenses  on  account  of   the  war  and 

navy  departments  17,820,000  00 

g  29,230,000  00 

The  above  provision  being  for  the  present  year  only,  the  re 
port  suggests  the  necessity  of  attending  to  that  for  the  year 
1814  also,  and  points  out  the  necessity  of  speedy  and  effectual 
means  being  resorted  to  for  the  purpose,  as  a  basis  tor  which  it 
states,  that  the  expenses  of  the  peace  establishment,  and  the  in 
terest  of  the  public  debt,  including  that  on  the  loans  made  for 
vol..  i.  Q 


106 


HISTORICAL  REGISTER.        [CHAP.  iv. 


the  prosecution  of  the  war,  were  the  least  that  ought  to  be  rais 
ed  within  each  year,  and  these  it  states  as  follows : 
Peace  establishment,  exclusive  of  the  addition 
al  force  raised  in  1812 


Interest  of  public  debt,  including  that  on  loan 
for  1814 


The  present  revenue  is  estimated  to  produce 

for  1814 
Leaving  to  be  raised 


To  supply  which  sum  of  $  5,600,000 
The  internal  taxes  heretofore  proposed  were  es 
timated  at 
Duty  on  imported  salt,  at  20  cents  per  bushel 


g  7,000,000 

4,400,000 
11,400,000 


5,800,000 
5,600,000 

11,400,000 


5,000,000 
600,000 


5,600,000 

§8.  On  the  10th  of  June,  the  committee  of  ways  and  means 
made  their  report,  in  which  they  state,  that  they  have  reviewed 
the  system  heretofore  presented,  and  taking  into  consideration 
its  having  been  sanctioned  in  its  princplesby  a  vote  of  the  house 
of  representatives,  have  determined  to  recommend  its  adop 
tion,  with  some  modifications,  in  preference  to  commencing  a 
new  system.  »To  meet  the  sum  of  $5,600,000,  stated  by  the 
secretary  of  the  -treasury  to  be  necessary  to  be  raised  for  the 
service  of  the  year  1814,  in  addition  to  the  existing  revenue, 
the  committee  proposed 

A  direct  tax  of  3,000,000 

And  internal  duties  as  follow : 

On  stills  765,000 

On  refined  sugars  200,000 

On  retailers'  licenses 
On  sales  at  auction 
On  carriages 

On  bank  notes  and  negociable  paper 
On  salt,  at  20  cents  a  bushel 
Additional  duty  on  foreign  tonnage 


500,000 
50,000 
150,000 
400,000 
400,000 
900,000 


Expenses  of  collection  and  losses  deducted 
X,  eaves 


6,365,000 
750,000 

g  5,615,000 


jl  9.]  PROCEEDINGS  OF  CONGRESS.  i©r 

The  necessary  bills  accompanied  the  report. 

Instead  of  following  these  bills  through  the  several  minute 
and  tiresome  details  of  their  passage  through  both  houses,  we 
shall  present  a  digested  view  of  the  whole  system  of  internal 
revenue,  as  it  finally  passed,  and  then  give  a  brief  sketch  of  the 
arguments  pro  and  con. 

The  laws  imposing  internal  taxes  are  seven  in  number,  viz. 

§  9.  I.  A  direct  tax  of  three  millions  of  dollars,  apportioned 
to  the  states,  according  to  the  constitutional  provision,  which 
ordains  that  "  direct  taxes  shall  be  apportioned  among  the 
several  states,  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  serve  for  a  term  of  years,  and  exclu 
ding  Indians  not  taxed,  three  fifths  of  all  other  persons." 

The  quotas  of  the  states  are  subdivided  into  portions  to  be 
raised  in  each  county,  subject  to  be  changed  in  each  state,  so  as 
to  be  more  equally  or  equitably  apportioned,  by  an  act  of  its 
respective  legislature,  provided  an  authenticated  copy  of  the  act 
changing  the  apportionment  be  deposited  in  the  office  of  the 
secretary  of  the  treasury  prior  to  the  first  of  April,  1814. 

The  following  is  the  mode  adopted  for  ascertaining  the  quotas 
of  the  counties  in  the  several  states : 

In  those  states  where  there  is  a  state  tax,  the  apportionment 
of  that  tax  among  the  counties  of  the  state  has  been  made  the 
rule  for  apportioning  the  direct  tax:  and  the  quota  of  each 
county,  of  the  direct  tax,  has  been  made  to  bear  the  same  pro 
portion  to  the  whole  quota  of  the  state,  as  the  amount  of  the 
state  tax,  paid  by  such  county,  bears  to  the  whole  sum  paid  in 
the  state  for  the  state  tax. 

In  those  states  where  there  is  no  state  tax,  or  if  there  be  one, 
the  proportions  in  which  it  is  apportioned  among  the  counties  is 
not  known,  the  principle  assumed  for  a  basis  is,  that  the  com 
parative  advancement  of  wealth  (or  rather  the  increase  in  the 
value  of  property,  subject  to  the  direct  tax  now  to  be  imposed) 
and  of  population  in  the  different  districts  of  the  same  state, 
have  been  equal,  since  the  year  1799;  so  that  if  a  given  portion 
of  a  state  containing,  for  example  one  fourth  of  the  population 
of  the  state,  and  which  paid  in  1799  one  fourth  of  the  direct  tax 
of  that  state,  now  contains  one  third  of  the  whole  population  of 
the  state,  it  ought  now  to  pay  one  third  of  the  whole  tax  to  be 
imposed  upon  the  state.  And  in  respect  to  population  for  both 
epochs,  although  the  federal  numbers,  or  numbers  represented 
in  congress  have  been  taken  as  the  constitution  directs,  for  as 
certaining  the  quota  of  each  state,  of  the  whole  sum  to  be  raised 
in  the  United  States,  yet,  for  apportioning  the  sum  thus  found 


108  HISTORICAL  REGISTER.          [CHAP.  iv. 

as  the  quota  of  any  state,  among  the  several  counties  of  that 
state,  the  whole  numbers  of  the  several  counties,  including 
slaves,  have  been  taken  ;  because  it  is  considered  that  the  slaves 
increase  the  wealth,  or  the  ability  to  pay,  in  a  ratio  at  least  equal 
to  the  augmented  quota  which  this  mode  will  give  to  those  parts 
of  a  state  in  which  slaves  are  possessed,  over  those  in  which 
there  are  none  or  a  smaller  number.  Maryland  is  the  only 
state  where  there  is  a  considerable  proportion  of  slaves,  to  which 
this  mode  of  apportioning  the  tax  among  the  counties  has  been 
applied. 

The  process  then  is,  to  make  the  quota  of  each  county  in  a 
given  state,  compared  with  its  population  in  1810,  bear  the  same 
proportion  to  the  present  quota  of  the  state,  compared  with  its 
whole  population  in  181O,  as  the  quota  of  the  same  county,  of 
the  direct  tax  of  1799,  compared  with  its  population  by  the 
census  of  1800,  bore  to  the  quota  of  the  whole  state  of  the 
direct  tax  of  1799,  compared  with  its  whole  population  in  1800. 

To  effect  this  there  must  be  found: 

1.  The  proportion  which  the  population  of  each  county  in 
1800  bore  to  the  population  of  the  whole  state  at  that  time. 

2.  The  proportion  which  the  population  of  the  same  county 
bore  in  1810  to  the  population  of  the  whole  state  in  181O. 

3.  Then,  as  the  ratio  found  by  No.  1,  is  to  the  ratio  found  by 
No.  2,  so  is  the  quota  which  the  county  paid,  of  the  direct  tax 
in  1799,  to  the  sum  which  would  be  payable  by  the  same  county, 
of  a  direct  tax  at  this  time,  of  which  the  quota  of  the  state  in 
question,  would  be  the  same  as  was  the  quota  of  that  state  of 
the  direct  tax,  in  1799. 

4v  Lastly,  as  the  quota  of  the  state  in  1799  is  to  the  quota  of 
the  state  under  the  direct  tax  now  to  be  imposed,  so  is  the  sum 
found  by  No.  3,  to  the  quota  of  the  county  under  the  direct  tax 
now  to  be  imposed. 

Exemplified  by  Rockingham  county,  New  Hampshire : 

1.  The  total  population  of  New  Hampshire  in  1800r  was 
183,858,  and  of  Rockingham  county,  at  the  same  time,  45,427. 
The  proportion  24.7. 

2.  The  total  population  of  New  Hampshire,  in  1810,  was 
214,360;  of  Rockingham  county,  at  the  same  time,  50,175. 
The  proportion  23.4. 

3.  The  quota  of  Rockingham  county  of  the  direct  tax  of  1799, 
was  27,743  dollars.     1  hen,   as  24.7  :  23.4  :  :  27,473  :  26,027 
dollars,   the  sum    which   would  be  payable   by  Rockingham 
county,  if  the  quota  of  the  state  of  New  Hampshire  were  now 
the  same  as  it  was  in  1799. 


$9.]  PROCEEDINGS  OF  CONGRESS.  loy 

4.  The  quota  of  New  Hampshire  (as  finally  assessed)  in  1799, 
was  77,968  dollars.  The  quota  now  proposed  for  it,  is 
$  96,793  37.  Then,  as  77,968  :  96,793  37  :  :  26,027  :  32,311 
21,  the  sum  now  payable  by  Rockingham  county.  Although 
mathematical  accuracy  has  not  thus  been  attained,  no  conside 
rable  inequality  is  believed  to  have  been  occasioned;  and  the 
proposed  provision,  by  which  the  right  is  given  to  the  states  of 
altering  the  quotas  of  their  counties,  whenever  thtir  legislatures 
should  deem  an  unjust  or  unequal  apportionment  to  have  been 
made  by  the  act  of  congress,  has  been  considered  as  securing 
the  people  of  every  part  of  the  country  from  an  unfair  or  op 
pressive  bearing  of  the  tax  upon  them. 

States  in  which  the  quotas  of  counties  have  been  found  by 
comparing  their  population  in  1810  with  that  in  18OO,  and  the 
direct  tax  of  1799:  New  Hampshire,  Rhode  Island,  Vermont, 
New  York,  Pennsylvania,  Delaware,  and  Man-land. 

States  in  which  the  quotas  of  counties  have  been  made  to  bear 
the  same  proportion  to  the  whole  quota  of  the  state,  as  the 
amount  of  the  state  taxes  in  each  county:  Massachusetts,  Con 
necticut,  New  Jersey,  Virginia,  North  Carolina,  South  Caro 
lina,  Georgia,  Ohio,  and  Kentucky. 

In  Tennessee  and  Louisiana,  the  necessary  information  re 
specting  state  taxes  has  not  yet  been  received. 

The  act  likewise  provides  that  each  state  may  pay  its  quota 
into  the  treasury  of  the  United  States,  on  which  a  deduction 
of  15  per  cent,  will  be  made,  if  paid  before  the  tenth  of  Feb 
ruary,  and  of  10  per  cent,  if  paid  before  the  first  of  May,  1814, 
provided  the  state  give  the  secretary  notice  of  its  intention  one 
month  prior  to  such  payment. 

Biotas  of  the  States. 

New  Hampshire  jg   96,793  37 

Rhode  Island  34,702   18 

Vermont  98,343  71 

New  York  430,141  62 

Pennsylvania  365,479  16 

Delaware  32,O46  25 

Maryland  151,623  94. 

Massachusetts  316,270  98 

Connecticut  118,167  71 

New  Jersey  108,871   83 

Virginia  369,018  44 

North  Carolina  220,238  28 

South  Carolina  151,905  46 

Georgia  94,936  49 


110  HISTORICAL  REGISTER.         [CHAP.  xv. 

Ohio  104,150  14 

Kentucky  168,928   76 

J  10.  II.  Duties  on  licenses  to  distillers  of  spirituous  liquors, 
estimated  to  produce  $  765,000. 

These  duties  are  laid  on  the  capacity  of  the  still,  including 
the  head,  and  are  rated  as  follow :  On  stills  employed  in  dis 
tilling  from 

Domestic  Materials. 
For  2  weeks  9  cents  per  gallon 

1  month  18    do.          do. 

2  months  32    do.          do. 

3  months  42    do.         do. 

4  months  52    do.          do. 
6  months  70    do.         do. 
one  year                           108    do.         do. 

Foreign  Materials. 

For  1  month  25  cents  per  gallon 

3  months  60    do.         do. 

6  months  105    do.         do. 

one  year  135    do.         do. 

For  every  boiler,  however  constructed,  employed  for  the 
purpose  of  generating  steam  in  those  distilleries  where  wooden 
or  other  vessels  are  used  instead  of  metal  stills,  and  the  action 
of  steam  is  substituted  to  the  immediate  application  of  fire  to 
the  materials  from  which  the  spirituous  liquors  are  distilled, 
double  the  amount  of  the  above  duties  on  each  gallon  of  the 
capacity  of  the  boiler,  including  the  head. 

$11.  III.  A  duty  of  4  cents  per  pound  on  all  sugar  refined 
•within  the  United  States,  entitled,  however,  to  drawback  on 
exportation,  if  amounting  to  $12  or  upwards,  estimated  to 
produce  g  200,000. 

§12.  IV.  Duties  on  licenses  to  retailers  of  wines,  spirituous 
liquors,  and  foreign  merchandise  as  follow,  estimated  to  pro 
duce  $5OO,COO. 

In  cities,  toivns,  or  villages,  containing,  -within  the  limits  of 

one  mile  square,  more  than  100  families. 
On  retailers  of  merchandise,  including  wines 

and  spirits  $25  per  annum, 

of  wines  alone  2O 

of  spirits  alone  20 

of  domestic  spirits  alone  15 

of  merchandise  other  than  wines 

and  spirits  1  $ 


413,14.}     PROCEEDINGS  OF  CONGRESS.  Ill 

In  places  containing,  within  the  above  limits,  less  than 

10O  families. 
On  retailers  of  merchandise,  including  wines 

and  spirits  g  15  per  annum, 

of  wines  and  spirits  15 

of  spirits  alone  12 

of  domestic  spirits  alone  1O 

of  merchandise  other  than  wines 

and  spirits  10 

Every  person  dealing  in  goods,  wares,  and  merchandise,  ex 
cept  such  as  are  of  the  growth,  produce,  or  manufacture  of  the 
United  States,  except  such  as  are  sold  by  the  importer  in  the 
original  cask,  package,  &c.  in  which  they  were  imported,  is 
deemed  a  retail  dealer  in  merchandise  within  the  meaning  of 
the  act ;  every  person  dealing  in  wines  in  less  quantities  at  a 
time  than  30  gallons,  except  the  importer  as  above,  is  deemed 
a  retail  dealer  in  wines ;  and  every  person  dealing  in  distilled 
spirituous  liquors  in  less  quantities  than  20  gallons  at  a  time,  is 
deemed  a  retail  dealer  in  spirituous  liquors.  Exceptions  are 
drawn  in  favour  of  physicians,  apothecaries,  &c.  as  to  wines 
and  spirituous  liquors  used  in  the  preparation  of  medicines;  and 
of  distillers,  who  may  sell  domestic  spirits  in  quantities  not  less 
than  five  gallons  at  a  time  at  the  place  where  they  are  distilled. 

§  13.  V.  A  duty  on  sales  at  auction  of  one  per  cent,  on  sales 
of  goods,  wares,  and  merchandise,  and  a  quarter  of  one  per  cent, 
on  sales  of  ships  or  vessels,  estimated  to  produce  $  50,000. 

The  following  sales  are  exempted  from  those  duties,  viz.  sales 
of  goods,  &c.  made  in  execution  of  any  rule,  judgment,  &c.  of 
any  court  of  the  United  States,  or  in  virtue  of  any  distress  for 
rent,  or  any  other  cause  for  which  a  distress  is  allowed  by  law, 
or  made  in  consequence  of  any  bankruptcy  or  insolvency,  pur 
suant  to  any  law  concerning  bankruptcies  or  insolvencies;  or 
made  in  consequence  of  any  general  assignment  of  property  and 
effects  for  the  benefit  of  creditors  ;  or  made  by  or  on  behalf  of 
executors  or  administrators  ;  or  made  pursuant  to  the  directions 
of  any  law  of  the  United  States,  or  either  of  them,  touching 
the  collection  of  any  tax  or  duty  ;  or  disposal  by  auction  of  pub 
lic  property  of  the  United  States  or  of  any  state ;  or  to  any  sale 
by  auction  of  ships,  their  tackle,  apparel,  and  furniture,  or  the 
cargoes  thereof,  wrecked  or  stranded  within  the  United  States, 
and  sold  for  the  benefit  of  the  insurers  or  proprietors. 

§!•*•  VI.  Duties  on  carriages  as  follows,  estimated  to  pro 
duce  g  150,000,  viz. 

On  every  coach  S2O  per  annum. 

On  every  chariot  or  post-chaise  1 7 


112  HISTORICAL  REGISTER.         [CHAP.  xv. 

On  every  phaeton  and  coachee  having  pannel 

work  in  the  upper  division  $  10  per  annum. 

On  every  other  four  wheel  carriage  hanging 

on  steel  or  iron  springs  7 

On  every  four  wheel  carriage  on  wooden 
springs,  and  every  two  wheel  carriage  on 
steel  or  iron  springs  4 

On  every  other  four  or  two  wheel  carriage         2 
In  cases  of  doubt,  carriages  -are  to  be  deemed  to  belong  to 

that  class  which  they  most  nearly  resemble. 

All  carriages  usually  and  chiefly  employed  in  husbandry,  or 

in  the  transportation  of  goods,  are  exempted  from  duty. 

§  15.  VII.  Stamp  duties  on  bank  notes,  and  on  certain  nego- 

ciable  paper,  estimated  to  produce  g  400,000,  viz. 

On  bank  notes, 

Not  exceeding  $  1  1  cent. 

Above  one  and  not  exceeding  2  2 

Above  2  and  not  exceeding  3  3 

Above  3  and  not  exceeding  5  5 

Above  5  and  not  exceeding  1O  1O 

Above  1O  and  not  exceeding  2O  20 

Above  20  and  not  exceeding  50  5O 

Above  50  and  not  exceeding  100  10O 

Above  100  and  not  exceeding  500  500 

Above  500  and  not  exceeding  100O  100O 

Above  1000  5000 

On  bonds,  obligations,  or  promissory  notes,  discounted  by  any 

bank  company,  or  banker,  and  on  foreign  or  inland  bills  of  ex- 

change  above  $  50,  and  having  one  or  more  endorsers. 
Not  exceeding  $  100  5  cents 

Above  100  and  not  exceeding  200  10 

Above  20O  and  not  exceeding  500  25 

Above  500  and  not  exceeding  1000  50 

Above  100O  and  not  exceeding  1500  75 

Above  1500  and  not  exceeding  2000  100 

Above  2000  and  not  exceeding  300O  150 

Above  3000  and  not  exceeding  400O  200 

Above  4000  and  not  exceeding  500O  25O 

Above  5000  and  not  exceeding  7000  350 

Above  7000  and  not  exceeding  8000  40O 

If  above  800O  50O 

Treasury  notes,  drafts  or  bills  drawn  by  the  treasurer  of  the 

United  States,  checks  payable  at  sight,  and  all  second  or  other 

copies  of  a  set  of  exchange,  are  exempted  from  duty;  and  banks 


i  16,  ir.J    PROCEEDINGS  OF  CONGRESS.  113 

are  allowed  to  compound  for  the  stamps  on  their  notes  bv  pay 
ing  one  and  a  half  per  cent  on  the  amount  of  their  dividends. 
§  16.  The  internal  dudes  go  into  operation  on  Janintn  1, 
1814,  on  which  day  persons  affected  by  them  become  liable  to 
the  following  penalties,  for  breaches  of  their  provisions : 

$  17.  PENALTIES. 

On  Distillers. 

For  distilling  without  a  license  (application  for  which  must  be 
made  in  writing  to  the  collector,  stating  the  place  of  distill 
ing,  the  number  and  contents  of  the  stills  or  boilers,  and  the 
materials  to  be  used),  $  100,  with  double  duties  for  the  term 
the  stills  have  been  used  without  license,  and  costs  of  suit. 

For  a  false  statement,  or  for  distilling  from  materials  other  than 
those  stated  in  the  application,  $150,  with  costs  of  suit. 

For  refusing  to  admit  the  collector  into  the  distillery  at  all  rea 
sonable  times,  or  to  suffer  him  to  examine  or  measure  the 
stills  or  boilers,  $  500. 

On  Sugar  Refiners. 

For  neglecting,  on  the  1st  of  January,  1814,  or,  afterwards,  at 
least  twenty  days  previous  to  commencing  business,  to  enter 
in  the  collector's  office,  the  building  where  the  manufactory 
is  carried  on,  and  the  capacity  of  every  pan  or  boiler  employ 
ed  ;  and  for  neglecting  to  give  bond  in  the  sum  of  g  5000,  that 
a  regular  account  shall  be  kept  of  all  sugar  refined,  and  of  all 
the  quantities  sent  out  of  the  manufactory,  of  which  a  just 
account  shall  be  rendered,  together  with  a  particular  report 
of  the  buildings,  pans,  and  boilers  employed,  on  the  1st  day 
of  every  April,  July,  October,  and  January,  and  the  duties 
on  all  that  has  been  sent  out  paid  or  secured  to  be  paid,  on 
such  day,  a  penalty  of  $500,  and  costs  of  suit,  togt  ther  with 
the  forfeiture  of  every  pan  and  boiler  that  has  been  used. 

All  sugar  manufactured  within  the  United  States  after  the  first 
of  January,  1814,  shall  be  forfeited  on  default  of  the  payment 
of  duties  thereon. 

On  Retailers  of  Wines,  Spirituous  Liquors,  and  Foreign 

Merchandise. 

For  selling  by  retail  without  a  license  from  the  collector  (renew 
able  yearly,  on  payment  of  the  duty),  or  for  selling  at  more 
than  one  place  at  a  time,  without  a  licens<  for  each  place, 
$150,  in  addition  to  the  payment  of  the  duty,  with  costs  of 
suit. 
VOL.  i.  R 


114  HISTORICAL  REGISTER.          [CHAP.  iv. 

On  Auctioneers. 

For  selling  by  auction  without  a  license,  either  from  the  state 
authority,  or  from  the  United  States'  collector,  $400,  for 
every  such  sale,  in  addition  to  the  duties  on  the  goods  sold. 
[Licenses  maybe  had  gratis,  on  giving  bond  to  the  collector, 
on  the  conditions  below  stated,  in  every  place  in  respect  to 
which  there  is  no  state  law  regulating  the  business  of  an 
auctioneer.] 

For  selling  by  auction,  under  a  state  license  or  authority,  with 
out  giving  notice  in  writing  to  the  United  States'  collector, 
on  the  first  of  January,  1814,  or  within  thirty  days  after  the 
receipt  of  the  state  license,  specifying  in  such  notice  the  date 
or  commencement  of  such  license,  the  term  for  which  it  was 
given,  by  whom,  and  by  what  law  of  a  state  it  was  granted; 
and  also  giving  bond  in  a  sum  not  less  than  one  nor  more 
than  three  thousand  dollars,  with  condition  of  delivering  on 
the  first  day  of  every  April,  July,  October,  and  January,  a 
true  account,  verified  by  oath  or  affirmation,  of  the  several 
articles  sold,  the  price  of  each,  and  by  whom  bought,  and 
paying  the  duties  accruing  thereon, — a  penalty  of  $400  for 
every  such  sale,  together  with  the  duties.  [A  like  notice  and 
bond  must  be  given  as  often  as  the  state  license  shall  expire 
and  be  renewed,  under  a  like  penalty.] 

For  refusing  to  submit  to  the  examination  of  the  collector  at 
all  reasonable  times,  the  original  book  of  entry  of  sales, 
$500. 

On  Owners  of  Carriages. 

For  neglecting  to  make  entry  and  receive  a  certificate  on  pay 
ment  of  the  duty  on  the  day  appointed  by  the  collector,  of 
which  he  must  give  public  notice  at  least  ten  days  previous, 
or  within  sixty  days  from  the  time  on  which  the  duty  com 
mences,  the  duty,  with  an  addition  of  25  per  cent,  which  may 
be  raised  by  distress. 

For  neglecting  to  make  entry  and  receive  a  certificate  on  pay 
ment  of  the  duty  within  a  month  after  commencing  keeping 
a  carnage,  at  anytime  after  the  month  of  December,  the  du 
ty  from  the  time  of  such  commencement  to  the  end  of  the 
year,  with  an  addition  of  25  per  cent,  to  be  raised  by  distress. 

For  making  an  untrue  or  defective  entry,  a  forfeiture  of  the 
sum  paid  pursuant  to  such  entry,  besides  the  real  duty,  with 
an  addition  of  25  per  cent.,  if  not  paid  within  60  days  from 
the  time  the  duty  commences,  to  be  raised  by  distress.  [Cer 
tificates  are  to  be  granted  whenever  the  duty  is  collected, 
whether  by  distress  or  otherwise.] 


$18, 19,]      PROCEEDINGS  OF  CONGRESS.  X15 

For  evading  the  Stamp  Duties. 
In  the  case  of  a  private  individual,  for  each  fraudulent  evasion, 

8  100. 

In  the  case  of  a  person  in  office,  who  shall  evade  the  duties  in 
the  execution  of  his  public  employment,  £,  500,  besides  for 
feiting  his  office  if  in  the  service  of  the  United  States,  and 
being  for  ever  disabled  from  again  holding  it. 

Instruments  chargeable  with  duty  cannot  be  admitted  as  evi 
dence  in  any  court  if  unstamped,  or  stamped  for  a  lower  duty 
than  ought  to  have  been  paid;  but  they  may  be  rendered  va 
lid  by  a  receipt  from  the  district  collector  endorsed  on  them, 
for  the  duty  or  addition  of  duty  chargeable  by  law,  with  ten 
dollars  over  and  above. 

In  the  case  of  banks,  excepting  those  that  have  compounded  for 
the  duty,  the  value  of  each  bill  or  promissory  note  issued  on, 
other  than  paper  duly  stamped. 

§   18.   TERMS    OF    PAYMENT    OF    THE    DUTIES. 

The  duties  on  licenses  to  distillers  must  be  paid  on  receipt  of 
the  license,  if  under  $5  ;  if  the  amount  exceed  8  5,  they  may 
be  bonded  for  four  months  after  the  expiration  of  the  term  for 
which  the  license  was  granted.  „ 

Sugar  refiners  may  either  pay  the  duties  accruing  on  all  su 
gars  sent  out  of  the  building  in  which  it  is  refined  quarterly, 
with  a  deduction  of  six  per  cent.,  or  give  a  bond  for  the  same, 
payable  nine  months  after  date ;  they  are  bound  to  make  oath 
or  affirmation  yearly,  if  required  by  the  collector,  to  the  truth  of 
the  accounts  rendered,  and  to  show  the  original  book  of  entry 
on  furnishing  their  quarterly  accounts. 

Licenses  to  retailers  and  carriage-certificates  must  be  paid  at 
the  time  of  receiving  such  license  or  certificate.  In  case  of  the 
sale  of  a  carriage t  the  certificate  is  not  valid  until  the  name  of 
the  new  owner  is  entered  on  it  by  'the  collector. 

Auction  duties  must  be  paid  quarterly,  deducting  one  per 
cent,  for  the  auctioneer's  trouble.  Their  license  is  forfeited  by 
a  judgment  or  verdict  on  their  bond. 

Stamp  duties  must  be  paid  at  the  time  of  purchasing  the 
stamps ;  a  deduction  of  7l  per  cent,  to  be  allowed  to  persons 
other  than  collectors  on  purchasing  to  the  amount  of  8 10,  or 
upwards.  Paper,  parchment,  or  vellum,  may  be  deposited  at  the 
office  of  the  district  collector  for  the  purpose  of  being  stamped 
by  the  commissioner  of  the  revenue,  and  the  collector  is  bound 
to  redeliver  it  on  receiving  payment  of  the  duties,  after  being 
so  stamped. 

§  19.  COLLECTION. 

For  the  more  convenient  collection  of  the  internal  duties  and 


116  HISTORICAL  REGISTER.         [CHAP,  iv 

direct  taxes,  the  United  States  is  divided  into  191  collection 
districts,  ;md  the  president  is  empowered  to  divide  the  District 
of  Columbia  and  the  territories  of  the  United  States  into  con 
venient  districts  for  the  collection  of  internal  duties  only,  it  be 
ing  conceived  that  direct  taxes  could  be  constitutionally  levied 
onlv  on  the  respective  states.  [See  cons.  art.  I,  sect.  2,  3.] 

A  new  officer  is  appointed  in  the  treasury  department,  deno 
minated  the  commissioner  of  the  revenue,  who  is  charged,  un 
der  the  direction  of  the  secretary  of  that  department,  with  pre 
paring  all  the  forms  necessary  for  the  collectors,  and  for  the  as 
sessors  of  the  direct  taxes  ;  with  preparing,  signing,  and  distri 
buting  the  necessarv  licenses,  and  with  the  superintendence  ge 
nerally  of  the  d life  rent  collectors  and  of  the  assessors  of  the 
direct  taxes.  He  is  likewise  to  superintend  the  collection  of  the 
residue  of  the  former  direct  tax  and  internal  duties,  which  may 
be  still  outstanding,  and  to  execute  the  services  with  respect  to 
light-houses  and  other  objects,  which  were  usually  performed 
by  the  former  commissioners  of  the  revenue.  The  secretary  of 
the  treasury  is  at  liberty  to  place  under  his  superintendence  the 
collection  of  the  duties  on  impost  and  tonnage,  if,  in  the  secre 
tary's  opinion,  the  public  service  would  be  promoted  by  trans 
ferring  that  duty  to  him  from  the  comptroller.  His  salary  is 
fixed  at  $3000,  per  ann.,  and  he  is  allowed  a  number  of  clerks, 
whose  salaries,  on  the  whole,  are  not  to  exceed  $4000  a  year. 

A  collector  is  to  be  appointed  in  each  collection  district,  who 
must  give  bond  for  the  faithful  discharge  of  his  office.  Each 
collector  may  appoint  deputies,  he  being  responsible  for  their 
acts  as  such,  and  may  assign  to  them  by  instruments  under  his 
hand  and  seal,  such  portions  of  his  collection  district  as  he  may 
think  proper;  any  of  which  instruments  may  be  revoked  by  pub 
lic  notice  of  the  revocation  in  that  part  of  the  district  assigned 
to  the  deputy.  The  deputies  are  to  be  compensated  by  the  col 
lector.  It  is  the  dutv  of  the  collectors,  in  their  respective  dis 
tricts,  to  collect  the  different  internal  duties  and  direct  taxes,  to 
receive  the  different  requisite  entries,  deliver  the  carriage  cer 
tificates,  countersign  and  deliver  the  different  licenses,  prose 
cute  for  the  recovery  of  the  duties  and  penalties,  &c.  They  are 
to  be  allowed  the  following  commissions  on  the  monies  received 
and  accounted  for  by  them: 

On  the  monies  arising  from  the  direct  tax,  where  the  quota 
•  of  the  district  does  not  exceed  $10,OOO,  8  per  cent. 

Exceeding  $10,000,  and  not  exceeding  15,000,  7  per  cent. 

Exceeding      15,000,  and  not  exceeding  20.000,  6  per  cent. 

Exceeding      20,000,  and  not  exceeding  30,000,  5  per  cent. 

Exceeding     30,000,  and  not  exceeding  50,000,  4  per  cent. 

Exceeding     50?000?  3  per  cent. 


S20.]          PROCEEDINGS  OF  CONGRESS. 

On  monies  arising  from  internal  duties,  6  per  cent. 

These  commissions,  however,  not  to  exceed  $  4000  to  any 
one  collector. 

The  president  is  likewise  empowered  to  apportion  and  dis 
tribute  annually  a  sum  not  exceeding  in  th  •  whole  $  25,OOO, 
am  >ng  such  collectors  as  for  the  execution  of  the  public  service 
it  shall  appear  to  him  necessary  so  to  compensate,  in  addition  to 
the  other  emoluments  to  which  they  are  entitled:  provided,  that 
no  such  allowance  or  distribution  shall  exceed  $25Oto  any  one 
collector,  nor  shall  be  made  to  any  collector  whose  gross  emolu 
ments  other  than  this  allowance,  shall  amount  to  g  1000  a  year  ; 
nor  shall,  when  added  to  the  other  gross  emoluments  of  such 
collector,  exceed  $  100O  a  year. 

The  collectors  are  further  to  be  allowed,  for  measuring  each 
still  or  boiler  under  the  capacity  of  10O  gallons,  GO  cents  ;  and 
for  each  above  that  capacity,  75  cents.  They  are  likewise  to  be 
allowed  the  necessary  expenses  of  books,  stationary,  &c. 

§  20.    ASSESSMENT  AND  COLLECTION  OF  THE  DIRECT  TAXES. 

The  direct  taxes  are  to  he  assessed,  on  the  first  of  February, 
1814,  on  all  land,  lots  of  ground,  with  their  improvements, 
dwelling-houses,  and  slaves,  within  the  several  xtates,  which  are 
to  be  enumerated  and  valued  bv  the  assessors  at  the  rate  each 
of  them  is  worth  in  money.  All  property  of  the  above  descrip 
tion,  however,  belonging  to  the  United  States,  or  to  any  state, 
or  property  permanently  or  specially  exempted  from  taxation  by 
the  laws  of  the  state  in  which  it  is  situated,  is  exempted  from 
this  tax, 

An  assessor  is  to  be  appointed  for  each  of  the  collection  dis 
tricts  within  the  several  states,  who  is  authorized  to  divide  his 
district  into  a  convenient  number  of  assessment,  districts,  and  to 
appoint  an  assistant  assessor  in  each,  who  must,  before  he  en 
ters  on  the  duties  of  his  office,  take  an  oath  or  affirmation  for 
their  faithful  discharge,  under  the  penalty  of  jg  100.  The  st^re- 
tary  of  the  treasury  is  to  reduce  the  number  of  assessment  dis 
tricts  into  which  any  collection  district  is  divided,  should  the 
number  appear  to  him  too  great. 

The  assistant  assessors  shall  be  notified  by  their  respective 
principal  assessors  to  proceed,  on  the  first  of  February,  1  14, 
(and,  in  case  of  other  direct  taxes  being  imposed,  on  the  day 
appointed  bv  law),  through  every  part  of  their  district,  and  to 
require  all  persons  owning,  possessing,  or  having  the  care  or 
management  of  any  property  subject  to  the  tax,  to  deliver 
written  lists  of  the  same,  or  disclose  the  particulars  to  the  asses- 


118  HISTORICAL  REGISTER.          [CHAP.  iv. 

sor.  When  a  disclosure  is  made,  it  is  the  duty  of  the  assessor 
to  make  out  dv-  list,  which,  after  being  distinctly  read  and  con 
sented  to,  shall  be  receivc-d  as  the  list  of  such  person.  The 
lists,  as  far  as  practicable,  shall  be  made  conformably  to  those 
which  maybe  required  for  the  same  purpose  under  the  authority 
of  the  respective  states. 

A  penalty  is  imposed,  of  not  less  than  g>  100,  nor  more  than 
$  500,  with  costs  of  suit,  for  the  delivery  or  disclosure  of  any 
false  or  fraudulent  list,  and  in  all  such  cases  the  assessor  is  re 
quired  to  make  out  new  lists,  according  to  the  best  information 
he  can  obtain,  from  which  there  shall  be  no  appeal. 

In  case  of  any  person  being  absent  at  the  time  of  the  assessor's 
calling  to  receive  his  list,  it  becomes  his  duty  to  leave  a  written 
note  requiring  him  to  present  his  list  to  the  assessor  within  ten 
days.  In  case  of  neglect  after  receiving  this  notice,  the  assessor 
must  himself  enter  on  thr  premises,  and  make  out  the  list  from 
his  own  view,  and  according  to  the  best  information  he  can  ob 
tain,  which  list  shall  be  esteemed  good  and  sufficient,  and  the 
person  so  failing  or  neglecting  shall  moreover  forfeit  $  100  with 
costs,  for  the  use  of  the  United  States,  unless  in  case  of  sickness 
or  absence  from  home. 

The  owners,.  &cc.  of  estates  not  within  the  district  in  which 
they  reside,  may  deliver  a  list  of  such  property  to  the  assessor 
of  the  assessment  district  in  which  they  do  reside,  provided  they 
specify  distinctly  the  assessment  district  in  which  the  estate 
lies,  and  pay  to  the  assistant  assessor  one  dollar.  The  assistant 
assessors  are  then  bound  to  transmit  such  lists  to  the  principal 
assessor  of  their  collection  district,  whose  duty  it  is  to  transmit 
them  to  the  principal  assessor  of  the  districts  wherein  such  es 
tates  may  lie,  in  default  of  which  the  assistant  assessor  of  the 
district  wherein  the  estate  lies  must  himself  make  out  the  list, 
and  for  that  purpose,  if  necessary,  enter  into  and  open  such 
estate. 

The  assistant  assessors,  after  collecting  the  lists  of  taxable 
property,  which  shall  be  taken  with  reference  to  the  day  fixed 
for  that  purpose  by  the  act  laying  the  tax,  shall  proceed  to  ar 
range  the  same,  and  to  make  two  general  lists ;  the  first  shall 
exhibit,  in  alphabetical  order,  the  names  of  all  persons  liable  to 
pay  the  tax,  residing  within  the  assessment  district,  together 
with  the  value  and  assessment  of  the  objects  liable  to  taxation 
within  such  district,  for  which  each  person  is  liable  to  pay  a  di 
rect  tax,  and  whenever  so  required  by  the  principal  assessor,  the 
amount  of  direct  ta^c  payable  by  each  person  on  such  objects  un 
der  the  state  laws  imposing  direct  taxes,  the  second  list  shall 
exhibit,  in  alphabetical  order,  the  names  of  all  persons  residing 


§20.]          PROCEEDINGS  OF  CONGRESS.  119 

out  of  the  collection  district,  owners  of  property  within  the  dis 
trict,  together  with  the  value  and  assessment  thereof,  or  amount 
of  direct  tax  due  thereon.  The  forms  of  these  general  lists 
shall  be  devised  and  prescribed  by  the  principal  assessor,  and 
lists  taken  according  to  such  form  shall  be  made  out  by  the 
assistant  assessor,  and  delivered  to  the  principal  assessor  with 
in  sixty  days  after  the  day  for  requiring  lists  from  individuals. 

Immediately  after  the  valuations  and  enumerations  shall  have 
been  completed,  the  principal  assessor  in  each  collection  district 
shall,  by  advertisement  in  some  public  newspaper,  if  there  be  any 
in  the  district,  and  by  notifications  pasted  up  in  at  least  four  of 
the  most  public  places  in  each  assessment  district,  give  notice  of 
the  place  where  the  lists  may  he  seen  and  examined  for  25  days 
after  the  publication  of  the  notice,  and  that  during  that  time,  ap 
peals  will  be  received  and  determined  by  him  relative  to  any 
erroneous  or  excessive  valuations  or  enumerations  by  the  assis 
tant  assessor.  These  appeals  must  be  made  in  writing,  and 
must  specify  the  particulars  respecting  which  a  decision  is  re 
quested  ;  they  must  likewise  state  the  ground  or  principle  of  in 
equality  or  error  complained  of,  the  only  question  to  be  deter 
mined  by  the  principal  assessor,  on  an  appeal,  being,  whether 
the  valuation  complained  of  be  in  a  just  proportion  to  other 
valuations  in  the  same  assessment  district.  The  principal  as 
sessor  is  accordingly  empowered  to  re-examine  and  equalize  the 
valuations  as  shall  appear  just  and  equitable;  but  no  valuation 
shall  be  increased  without  a  previous  notice  of  at  least  five  days 
to  the  party  interested  to  appear  and  object  to  the  same,  if  he 
judge  proper;  which  notice  shall  be  given  by  a  note  in  writing, 
to  be  left  at  the  dwelling-house  of  the  party,  by  such  assessor 
as  the  principal  assessor  shall  designate  for  that  purpose. 

When  the  quotas  of  direct  tax  payable  by  the  states  shall  be 
apportioned  by  law  on  the  collection  districts,  and  those  districts 
contain  more  than  one  assessment  district,  the  principal  asses 
sors  are  empowered  to  equalize  the  valuations  between  the  as 
sessment  districts,  by  deducting  from  or  adding  to  either  such 
a  rate  per  cent,  as  shall  appear  just  and  equitable. 

After  hearing  appeals,  and  adjusting  and  equalizing  the  valu 
ations  as  above,  the  principal  assessors  shall  respectively  make 
out  lists  containing  the  sums  payable  upon  every  object  of  taxa 
tion  within  their  respective  districts,  so  as  to  raise  upon  the  col 
lection  district  for  which  they  are  appointed  its  quota  of  direct 
tax  ;  which  lists  shall  contain  the  name  of  each  person  residing 
within  the  collection  district  liable  to  pay  the  direct  tax,  or  of 
the  person  residing  within  the  district  and  having  the  care  or 
superintendence  of  property  lying  within  the  district,  which  is 


120  HISTORICAL  REGISTER.  [CHAP.  iv. 

liable  to  the  payment  of  the  tax,  where  such  person  or  persons 
are  known,  together  with  the  sum  payable  by  each  person  on  ac 
count  of  the  said  direct  tax  as  aforesaid.  And  where  there  is 
any  property  within  any  collection  district,  liable  to  the  payment 
of  the  direct  tax,  not  owned  or  occupied  by,  or  under  the  super 
intendence  of  any  person  resident  therein,  there  shall  be  a  sepa 
rate  list  of  such  property,  specifying  the  sums  payable,  and  the 
names  of  the  respective  proprietors,  where  known.  One- of  each 
of  those  lists  shall  be  furnished  to  the  district  collector  within  60 
days  from  the  time  when  the  different  lists  shall  have  been  re 
ceived  from  the  assistant  assessors.  The  collector,  on  receiving 
the  lists,  shall  give  the  principal  assessor  three  receipts,  one  on 
a  correct  copy  of  the  lists,  the  other  two  on  aggregate  statements 
of  the  gross  amount  of  the  taxes  to  be  collected  in  his  district. 
The  receipt  which  is  written  on  the  copy  of  the  lists  shall  remain 
with  the  principal  assessor,  and  shall  be  open  to  public  inspec 
tion  ;  the  other  two  shall  be  transmitted.,  the  one  to  the  secreta 
ry,  the  other  to  the  comptroller  of  the  treasury.  Each  of  the 
collectors,  or  his  deputies,  shall,  within  ten  days  after  receiving 
his  collection  list,  advertise  in  one  newspaper  printed  in  his  col 
lection  district,  if  any  there  be,  and  by  notifications  to  be  posted 
up  in  at  least  four  public  places  in  his  collection  district,  that  the 
tax  has  become  due,  and  state  the  limes  and  places  at  which  he 
will  attend  to  receive  the  same,  which  shall  be  within  twenty 
days  after  such  notification;  and  with  respect  to  persons  who 
shall  not  attend,  according  to  such  notifications,  it  shall  be  the 
duty  of  the  collector  to  proceed  as  follows. 

1 .  With  respect  to  property  owned  by  persons  residing  in  the 
same  collection  district.  Within  60  days  after  the  receipt  of  the 
collection  lists,  it  shall  be  the  duty  of  each  collector,  in  person 
or  by  deputy,  to  apply  once  at  their  respective  dwellings  within 
such  district,  and  there  demand  the  taxes  ;  and  if  they  shall  not 
be  tht^n  paid,  or  within  twenty  days  thereafter,  it  shall  be  lawful 
for  such  collector  and  his  deputies  to  proceed  to  collect  them  by 
distress  and  sale  of  the  goods,  chattels,  or  effects  of  the  persons 
delinquent,  with  a  commission  of  eight  per  cent,  for  the  use  of 
such  collector.  But  it  shall  not  be  lawful  to  make  distress  of 
the  tools  or  implements  of  a  trade  or  profession,  beasts  of  the 
plough,  necessary  for  the  cultivation  of  improved  lands,  arms, 
or  household  furniture,  or  apparel  necessary  for  a  family. 
When  effects  sufficient  to  satisfy  the  tax  cannot  be  found,  the 
collector,  having  first  advertised  the  same  for  30  days  in  a  news 
paper  printed  within  the  collection  district,  if  such  there  be,  and 
having  posted  up  in  at  least  ten  public  places  within  the  same  a 
notification  of  the  intended  sale,  thirty  days  previous  thereto, 


§  20.]         PROCEEDINGS  OF  CONGRESS.  121 

shall  proceed  to  sell  at  public  sale,  so  much  of  the  property  as 
may  be  necessary  to  satisfy  the  taxes  due,  with  an  addition  of 
twenty  per  cent,  for  defraying  charges  ;  and  if  the  property 
cannot  be  sold  for  the  amount  of  the  tax  due  with  the  said  addi 
tional  per  centum,  the  collector  shall  purchase  ft  in  behalf  of 
the  United  States  for  such  amount.  The  proprietors  shall  be 
allowed  to  redeem  their  property,  however,  before  the  sale,  by 
payment  of  the  tax  with  an  addition  often  per  cent.,  and  within 
two  years  after  the  sale,  by  payment  to  the  collector,  for  the  use 
of  the  purchaser,  the  amount  paid  by  such  purchaser,  with  inte 
rest  at  the  rate  of  twenty  per  cent,  per  annum  ;  deeds  conse 
quently  cannot  be  given  in  pursuance  of  such  sales,  until  afte* 
the  expiration  of  two  years. 

2.  With  respect  to  propertij  owned  by  persons  residing-  in  d 
different  collection  district.  A  collector  is  to  be  designated  in 
each  state  by  the  secretary  of  the  treasury,  to  whom  lists  are  to 
be  transmitted  by  all  the  other  collectors  within  the  state,  of  all 
the  property  coming  under  this  description,  for  which  the  taxes 
have  not  been  paid  within  ninety  days  after  the  receipt  of  the 
collection  lists  from  the  different  assessors*  The  state  collector 
shall  then  publish  for  sixty  days,  in  at  least  one  newspaper  with 
in  the  state,  a  notification  of  all  the  lists  and  taxes  thus  trans 
mitted  to  him,  and.)  after  the  expiration  of  a  year  from  the  day  on 
which  the  district  collector  first  notified  the  taxes  to  have  be 
come  due,  shall  proceed  to  sell  so  much  of  the  property  as  may 
be  necessary  to  satisfy  the  taxes,  with  an  addition  of  20  per  cent, 
for  defraying  charges.  After  the  sale,  the  state  collector  is  to 
deposit  with  the  clerks  of  the  respective  district  courts  within 
whose  district  the  property  lies,  correct  lists  of  the  property  sold, 
together  with  the  names  of  the  owners  or  presumed  owners,  of 
the  purchasers  at  the  public  sales,  and  of  the  amount  paid  by 
them.  The  property  may  be  redeemed  in  the  same  manner  as 
the  first-mentioned  species,  by  application  to  the  collector  if  be 
fore  the  sale,  and  to  the  clerk  of  the  district  court  if  within  two 
years  after  the  sale,  at  the  expiration  of  which  period,  deeds 
shall  be  given  to  the  purchasers  by  the  clerks,  on  the  payment 
of  S2  for  each. 

In  all  cases  where  lands  may  be  sold  for  the  payment  of  di 
rect  taxes  belonging  to  infants,  persons  of  insane  minds,  married 
women,  or  persons  beyond  sea,  such  persons  shall  have  the 
term  of  two  years  after  their  respective  disabilities  shall  have 
been  removed,  or  their  return  to  the  United  States,  to  redeem 
lands  thus  sold,  on  their  pa\  ing  into  the  clerk's  office  the  amount 
paid  by  the  purchaser,  together  with  ten  per  cent,  per  annum 
thereon  ;  and  on  their  paying  to  the  purchaser  of  the  land  a 

VOL.  i.  S 


122  HISTORICAL  REGISTER.        [CHAP,  iv 

compensation  for  all  improvements  he  may  have  made  on  the 
premises  subsequent  to  his  purchase,  the  value  of  which  im 
provements  to  be  ascertained  by  three  or  more  neighbouring 
freeholders  to  be  appointed  by  the  clerk,  who  on  actual  view  of 
the  premises  shall  assess  the  value  of  such  improvements  on 
their  oaths,  and  make  a  return  of  such  valuation  to  the  clerk 
immediately. 

The  direct  taxes  are  a  lien  on  all  estates  on  which  they  are 
assessed  for  two  years  after  becoming  due. 

Collectors  are  bound  to  give  receipts  when  required  for  all 
sums  collected  by  them,  and  in  case  of  their  being  guilty  of  ex 
tortion  or  oppression  in  the  execution  of  their  duties,  or  of  de 
manding  more  than  is  authorized  by  law,  a  sum  not  exceeding 
SoOO  may  be  recovered  from  them  by  the  party  injured,  in  any 
court  having  competent  jurisdiction. 

The  following  sums  are  to  be  allowed  to  the  assessors  for 
their  services  :  to  each  principal  assessor,  two  dollars  for  every 
day  employed  in  hearing  appeals  and  making  out  lists,  and  four 
dollars  for  every  hundred  taxable  persons  contained  in  the  tax 
list  as  delivered  by  him  to  the  collector:  to  each  assistant  asses 
sor  one  dollar  and  fifty  cents  for  every  day  actually  employed 
in  collecting  lists  and  making  calculations,  the  number  of  days 
necessary  for  that  purpose  being  certified  by  the  principal  asses 
sor,  and  approved  by  the  comptroller  of  the  treasury,  and  three 
dollars  for  every  hundred  taxable  persons  contained  in  the  tax 
list  as  completed  and  delivered  by  him  to  the  principal  assessor: 
the  assessors  are  likewise  to  be  allowed  reasonable  charges  for 
books  and  stationary  used  in  the  execution  of  their  duties. 

In  cases  where  no  person  can  be  found  in  any  collection  dis 
trict  or  assessment  district,  to  serve  either  as  collector,  princi 
pal  assessor,  or  assistant  assessor,  the  president  is  authorized  to 
appoint  one  of  the  deputy  postmasters  in  such  districts  to  serve 
as  collectors  or  assessors,  as  the  case  may  be :  and  it  shall  be  the 
duty  of  such  deputy  postmaster  to  perform  accordingly  the  du 
ties  of  such  officer. 

$  21.  The  internal  duties  are  to  continue  in  force  until  a  year 
after  the  conclusion  of  a  peace  with  Great  Britain,  and  during 
their  continuance  the  secretary  of  the  treasury  is  directed  to  lay 
before  congress  annually  in  the  month  of  December,  separate 
accounts  of  all  monies  received  on  account  of  them,  and  on  ac 
count  of  the  direct  tax  (whenever  laid,)  showing  upon  what  ar 
ticles  or  subjects  of  taxation  those  duties  accrued  ;  also,  the 
amotmt  of  monies  paid  to  collectors,  assessors,  assistant  asses 
sors,  or  other  officers  employed  in  the  collection  ;  distinguish 
ing  the  amount  of  monies  received  from  each  state,  and  from 


$22.]          PROCEEDINGS  OF  CONGRESS.  123 

what  tax  or  species  of  duties  received  ;  and  distinguishing  also 
the  amount  of  monies  paid  to  the  officers  in  each  state. 

§  22.  In  the  passage  of  these  revenue  laws,  there  was  but  little 
debate  on  either  side  of  the  house.  The  principal  opposition 
was  directed  against  the  bill  laying  the  direct  taxes,  and  it  was 
contended  that  it  would  be  better  to  raise  the  revenue  expected 
from  this  source,  by  an  increase  of  the  duty  on  distilled  liquors. 

Direct  taxes,  it  was  urged,  are  paid  by  constraint,  indirect  by 
choice.  Should  the  crops  of  the  farmer  be  cut  short,  his  cattle 
die,  or  should  he  be  unfortunate  any  other  way,  he  can  relieve 
himself  from  the  burthen  of  indirect  taxes,  by  reducing  in  his 
family  the  consumption  of  the  article  taxed.  With  direct  taxes 
there  is  no  such  alternative.  It  is  said  that  the  owner  of  land 
can  always  pay  the  demands  of  government :  but  land  taxes 
sometimes  fall  upon  the  poor  tenant,  and  the  owner  himself  is 
not  always  able  to  pay,  his  land  being  often  mortgaged  to  the  last 
cent.  A  vast  number  of  new  settlers,  who  have  purchased  land 
on  credit,  and  who  have  undergone  every  privation,  and  have 
with  the  utmost  difficulty  paid  the  state  taxes,  and  the  interest 
and  perhaps  instalment  of  their  purchase,  would  be  utterly  ruin 
ed  by  the  burthen  of  a  new  land  tax. 

The  great  importance,  in  a  government  like  ours,  of  preserv 
ing  the  affections  of  its  citizens  was  likewise  urged.  But  by  a 
direct  tax  much  discontent  would  be  created  ;  for  while  men 
will  suffer  much  while  left  to  choice,  they  will  endure  but  little 
without  murmuring,  when  constrained  by  the  hand  of  power. 

The  wisest  object  of  government  is  to  tax  the  luxuries,  and 
not  the  necessaries  of  life,  and  it  is  of  importance  that  the  laws 
should  curb  vice  and  cherish  morality.  Both  these  objects  are 
effected  by  the  tax  on  spirituous  liquors. 

It  is  but  justice,  it  was  added,  that  the  burthens  as  well  as  the 
benefits  of  the  union  should  be  equally  borne.  Those  who  live 
on  the  seabord  pay  a  heavy  tax  on  their  imported  liquors,  and  it 
is  but  reasonable  that  those  in  the  more  remote  parts  of  the 
union  should  be  taxed  in  their  domestic  spirits. 

On  the  other  hand  it  was  urged,  that  there  was  a  certain 
length  to  which  taxation  might  be  carried,  and  no  farther.  By 
an  increase  of  the  duty,  the  amount  of  the  revenue  was  actually 
lessened. 

That  if  every  one  insisted  on  the  system  of  taxation  which  he 
thought  best,  there  never  could  be  any  system  adopted,  and 
therefore  it  was  necessary  for  every  one  to  give  way  a  little. 

The  natural  and  inherent  difficulties  of  finance,  it  was  stated, 
are  aggravated  in  America  by  the  diversity  of  the  states,  their 
sovereignty,  and  dissimilar  resources  for  revenue,  and  conse- 


124  HISTORICAL  REGISTER.         [CHAP.  iv. 

quently  the  almost  impossibility  of  establishing  a  system  which 
will  press  equally  on  all.  A  countervailing  arrangement  of 
taxes  was  therefore  contemplated  by  the  constitution.  There  is 
no  objection  to  a  whiskey  tax,  but  there  is  a  serious  objection  to 
raising  all  the  revenue  from  whiskey,  a  beverage  of  the  poor  and 
of  the  agricultural  states  and  districts  ;  more  especially  when  it 
is  avowed  that  this  unfair  burthen  is  to  be  substituted  for  a  land 
tax,  which  will  fall  equally  on  all  real  property,  and  every  section 
of  the  country. 

Taxation,  it  was  urged,  is  the  last  experiment  of  republican 
ism.  If  we  can  tax,  it  endures  ;  if  not,  it  is  high  time  to  be  done 
with  it.  Without  the  power  of  waging  war,  government  is  use 
less  ;  and  war  cannot  be  waged  without  finances.  If  the  coun 
try  will  not  be  taxed,  it  is  high  time  we  should  know  it. 

On  the  passage  of  the  bill  for  the  assessment  and  collection  of 
the  direct  tax,  an  amendment  was  offered,  providing  that  a  super 
visor  should  be  appointed  in  each  state  for  the  apportionment  of 
the  quotas  among  the  counties.  In  support  of  this  amendment, 
it  was  stated,  that  the  apportionment  of  the  quota  of  taxes  among 
the  counties  was  in  many,  if  not  all  the  states,  unequal,  and 
consequently  unjust ;  and  that,  with  regard  to  the  power  left 
with  the  state  governments  of  altering  the  apportionments,  it  was 
very  uncertain  whether  the  legislatures  would  interfere  ;  and  be 
sides,  the  correctness  of  doing  injustice,  and  trusting  to  others  to 
correct  it,  was  very  much  doubted. 

This  amendment  was  negatived,  and  the  bill  passed  in  its  ori 
ginal  form, 

Mr.  Clopton  objected  to  the  duty  on  carriages,  on  the  ground 
of  its  being  a  direct  tax,  which  congress  had  no  power  to  impose, 
except  in  the  mode  pointed  out  by  the  constitution.  Carriages 
he  considered  to  be  a  very  proper  subject  of  taxation  ;  but  this 
consideration  could  never  induce  him  to  mould  the  constitution 
into  a  form  to  suit  the  tax,  or  to  endeavour  to  reconcile  them  by 
a  forced  construction.  He  was  aware  that  the  supreme  court 
had  sanctioned,  by  a  solemn  decision,  the  constitutionality  of  this 
species  of  tax.  He  entertained  the  utmost  respect  for  the  cha 
racters,  talents,  and  stations  of  the  public  functionaries,  and  this 
respect  would  always  induce  him  to  examine  with  the  utmost 
minuteness  every  subject  on  which  he  had  to  act,  in  which  his 
conviction  was  contrary  to  their  decision.  But  he  should  con 
sider  that  he  violated  his  duty,  both  to  his  country  and  his  con 
science,  if  he  acted  as  a  legislator  upon  the  opinions  of  anv  man, 
however  luminous  his  understanding  or  exalted  his  station,  un 
til  he  became  convinced  of  their  propriety.  After  a  minute  ex 
amination  it  appeared  to  him  clear  and  unquestionable,  that  thq 


§  23,  24.]      PROCEEDINGS  OF  CONGRESS.  125 

duty  on  carriages  was  a  direct  tax  according  to  the  meaning  of 
the  constitution.  The  difference  between  direct  and  indirect 
taxation  he  understood  to  be,  that  the  direct  tax  was  laid  direct 
ly  on  property,  the  owner  or  possessor  of  which  is  immediately 
chargeable  with  the  tax,  and  by  which  no  other  person  whatever 
is  affected  ;  whereas  the  indirect  tax  affected  principally  the  con 
sumer,  and  not  the  possessor  of  the  article  at  the  time  the  tax 
accrued,  the  former  indirectly  paying  the  tax  in  the  enhanced 
price.  If  this  distinction  were  correct,  the  duty  on  carriages 
was  certainly  a  direct  tax.  It  had  been  stated  that  the  commit 
tee  of  ways  and  means  considered  carriages  as  articles  of  ex- 
pence,  and  as  such  liable  to  this  species  of  taxation.  But  were 
not  slaves  (one  of  the  objects  of  the  direct  tax),  in  many  in 
stances,  articles  of  expence  also  ?  Was  the  carriage  an  article  of 
expence,  and  not  the  servant  who  drives  the  carriage  ? 

This  objection  was  overruled  on  the  ground  of  the  tax  having 
been  formerly  in  operation,  and  solemnly  sanctioned  by  the  su 
preme  court ;  that  it  was  one  of  the  best  taxes  that  could  be  im 
posed,  as  it  fell  almost  exclusively  on  the  wealthy,  and  was  really 
a  tax  on  luxury. 

§  23.  The  following  is  a  statement  of  the  votes  on  the  tax-bills 
on  their  final  passage  in  the  house  of  representatives  : 
On  the  bill  directing  the  manner  of  assessing  and 

collecting  the  direct  taxes  yeas  95  nays  63 

On  the  bill  laying  a  direct  tax  97  70 

Duty  on  stills  85  49 

On  refined  sugars  94  53 

Licences  to  retailers  84  46 

Sales  at  auction  102  51 

Carriages  99  52 

Stamps  81  46 

§  24.  In  addition  to  the  internal  taxes,  a  law  was  passed  laying 
a  duty  of  twenty  cents  per  bushel,  or  fifty-six  pounds,  on  the  im 
portation  of  salt,  to  commence  on  January  1,  1814.  The  term 
of  credit  on  this  duty  was  fixed  at  nine  months. 

No  drawback  is  to  be  allowed,  but  instead  thereof  a  bounty  of 
twenty  cents  per  barrel  on  the  exportation  of  pickled  fish  of  the 
fisheries  of  the  United  States,  which  have  been  cured  with  fo 
reign  salt  on  which  the  duty  has  been  paid.  The  bounty,  how 
ever,  is  not  to  be  allowed,  unless  it  shall  amount  to  ten  dollars  at 
least  upon  each  entry. 

This  act  also  grants  a  bounty  on  the  employment  of  certain 
fishing  vessels,  the  particulars  of  which  will  be  given  when  we 
come  to  treat  of  the  law  for  the  regulation  of  the  seamen  em 
ployed  in  those  fisheries,  in  the  next  chapter. 


126  HISTORICAL  REGISTER.        [CHAP.  v. 


CHAPTER  V. 


§  1.  Webster's  resolutions.  §  2.  Debate  thereon.  §  S.  Answer  of  the 
president.  §  4.  Stenographers.  §  5.  Russian  embassy.  §  6.  Mission 
to  Sweden.  §  7.  Embargo.  §  8.  Massachusetts  remonstrance.  §  9. 
Debate  thereon.  §  10.  Distribution  of  arms.  §11.  Amendments  to 
the  constitution.  §12.  Naturalization.  §  13.  British  licenses.  §  14. 
Girard's  memorial.  §  15.  Seizure  of  East  Florida.  §  16.  Measures 
for  defence.  §  17.  Disabled  militia  and  volunteers.  §  18.  Reward  of 
valour.  §  19  Encouragement  to  privateers.  §  20.  Encouragement  of 
the  fisheries.  §  21.  Loan.  §22.  Appropriations.  §  23.  Conduct  of 
the  war.  §  24.  Barbarities  of  the  enemy.  §  25.  Adjournment. 

§  1.  PREVIOUS  to  the  tax  bills  being  taken  up  in  the  house  of 
representatives,  the  house  was  principally  occupied  with  con 
tested  elections,  the  accommodation  of  stenographers,  and  a  mo 
tion  of  Mr.  Webster,  relative  to  the  repeal  of  the  Berlin  and 
Milan  decrees. 

On  the  10th  of  June,  the  following  resolutions  were  submit 
ted  to  the  house  by  Mr.  Webster,  which  were  read  and  laid  on 
the  table. 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  inform  this  house,  unless  the  public  interest  should,  in  his 
opinion,  forbid  such  communication,  when,  by  whom,  and  in 
what  manner,  the  first  intelligence  was  given  to  this  govern 
ment  of  the  decree  of  the  government  of  France,  bearing  date 
the  28th  April,  1811,  and  purporting  to  be  a  definitive  repeal  of 
the  decrees  of  Berlin  and  Milan. 

Resolved,  That  the  president  of  the  United  States  be  re 
quested  to  inform  this  house,  whether  Mr.  Russell,  late  charge 
d'affaires  of  the  United  States  at  the  court  of  France,  hath  ever 
admitted  or  denied,  to  his  government,  the  correctness  of  the 
declaration  of  the  duke  of  Bassano  to  Mr.  Barlow,  the  late 
minister  of  the  United  States  at  that  court,  as  stated  in  Mr. 
Barlow's  letter  of  the  12th  of  May,  i  812,  to  the  secretary  of 
state,  u  that  the  said  decree  of  April  28,  1811,  had  been  com 
municated  to  his  (Mr.  Barlow's)  predecessor  there  ;"  and  to 
lay  before  this  house  any  correspondence  with  Mr.  Russell,  rela 
tive  to  that  subject,  which  it  may  not  be  improper  to  communi 
cate  ;  and  also  any  correspondence  between  Mr.  Barlow  and 
Mr.  Russell  on  that  subject,  which  may  be  in  possession  of  the 
department  of  state. 

Resolved,  That  the  president  of   the  United  States  be  re- 


§1.]  PROCEEDINGS  OF  CONGRESS.  127 

quested  to  inform  this  house,  whether  the  minister  of  France, 
near  the  United  States,  ever  informed  this  government  of  the 
existence  of  the  said  decree  of  the  28th  of  April,  1811,  and  to 
lay  before  the  house  any  correspondence  that  may  have  taken 
place  with  the  said  minister  relative  thereto,  which  the  president 
may  not  think  improper  to  be  communicated. 

Resolved,  That  the  president  of  the  United  States  be  re 
quested  to  communicate  to  this  house  any  other  information 
which  may  be  in  his  possession,  and  which  he  may  not  detm  it 
injurious  to  the  public  interest  to  disclose,  relative  to  the  s^id 
decree  of  the  28th  of  April,  1811,  and  tending  to  show  at  what 
time,  by  whom,  and  in  what  manner,  the  said  decree  was  first 
made  known  to  this  government,  or  to  any  of  its  representatives 
or  agents. 

Resolved,  That  the  president  be  requested,  in  case  the  fact 
be  that  the  first  information  of  the  existence  of  said  decree  of 
the  28th  of  April,  i811,  ever  received  by  this  government 
or  any  of  its  ministers  or  agents,  was  that  communicated  ill 
May,  1812,  by  the  duke  of  Bassano  to  Mr.  Barlow,  and  by 
him  to  his  government,  as  mentioned  in  his  letter  to  the  secre 
tary  of  state  of  May  12,  1812,  and  the  accompanying  papers, 
to  inform  this  house  whether  the  government  of  the  United 
States  hath  ever  required  from  that  of  France,  any  explanation 
of  the  reasons  of  that  decree  being  concealed  from  this  govern 
ment  and  its  ministers  for  so  long  a  time  after  its  date  ;  and  if 
such  explanation  has  been  asked  by  this  government,  and  has 
been  omitted  to  be  given  by  that  of  France,  whether  this  go- 
xrernment  has  made  any  remonstrance,  or  expressed  any  dissa 
tisfaction  to  the  government  of  France,  at  such  concealment. 

§  2.  On  the  16th,  at  the  instance  of  Mr.  Webster,  the  house 
proceeded  to  the  consideration  of  his  resolutions. 

In  the  debate  that  arose  out  of  this  subject,  a  very  extensive 
range  was  taken  on  both  sides  of  the  house.  The  opponents  of 
the  resolutions  objected  principally  to  the  novelty  of  their  form, 
which  they  contended  was  disrespectful  and  unprecedented  in 
such  cases.  An  amendment  was  proposed,  calling  for  infor 
mation  generally  on  the  subject. 

This  amendment,  however,  was  withdrawn  on  its  being  sta-t 
ted,  that  a  similar  call  had  been  made  at  the  end  of  last  session, 
the  answer  to  which  consisted  merely  of  extracts  of  letters 
from  Mr.  Barlow,  without  any  explanation  or  declaration  on  the 
part  of  the  executive,  in  one  of  which  it  was  expressly  said,  that 
the  duke  of  Bassano  stated  that  the  repealing  decree  had  been 
communicated  to  our  government  through  two  channels,  at  as 
early  a  date  as  May,  1811. 


123  HISTORICAL  REGISTER.         [CHAP,  v* 

If  this  decree,  it  was  contended,  had  been  made  known  to  the 
British  government  at  the  time  it  was  issued,  the  orders  in 
council  would  have  been  repealed,  and  we  should  have  avoided 
the  ruinous  war  under  which  we  are  now  suffering.  The 
declaration  of  the  duke  of  Bassano,  then,  affixes  a  serious 
charge  on  the  American  government,  which  well  merited  an 
examination  of  the  grounds  whereon  it  rested.  Either  our 
government  was  guilty  of  concealing  the  decree,  or  the  French 
government  was  guilty  of  the  concealment,  with  the  full  addi 
tion  of  duplicity  and  falsehood.  It  was  to  arrive  at  truth  in 
relation  to  this  dark  and  mysterious  transaction,  that  these  re 
solutions  were  offered. 

For  the  purpose  of  showing  that  the  concealment  of  this  de 
cree  had  brought  on  the  war  with  England,  a  view  was  taken 
of  the  course  pursued  by  the  American  government  in  relation 
to  the  belligerents  after  the  abandonment  of  the  embargo.  The 
report  of  the  committee  of  foreign  relations  of  November,  1808, 
and  the  non-intercourse  law  of  1809,  were  cited  to  show  the 
intentions  of  government,  and  their  opinion  that^  while  the  de 
crees  of  both  belligerents  were  in  force,  neither  nation  could, 
with  honour  and  justice,  be  selected  for  hostility. 

The  non-intercourse  law  contained  a  provision,  that  if  France 
or  England  should  so  far  repeal  or  modify  her  edicts,  as  that 
they  should  cease  to  violate  our  neutral  rights,  the  fact  should 
be  proclaimed  by  the  president,  and  the  act  was  to  cease  as  to 
that  nation.  This  provision,  it  was  contended,  had  been  taken 
advantage  of  by  Bonaparte,  for  the  purpose  of  shamefully  dup 
ing  the  president.  By  the  law,  the  president  was  bound  not  to 
issue  his  proclamation  until  France  should  have  in  good  faith 
repealed  or  modified  her  decrees.  But  he  waited  for  no  such 
repeal  or  modification.  In  the  language  of  Mr.  Russell,  then 
our  minister  in  France,  the  president  was  "  shuffled  into  the 
lead,  where  national  honour  and  the  law  required  him  tofolhzu." 
To  prove  the  correctness  of  the  assertion  of  Mr.  Russell,  an 
order  of  the  French  government  to  the  council  of  prizes,  and 
the  French  repealing  decree  of  April,  1811,  was  read  as  fol 
lows  : 

"  In  consequence  of  this  engagement  entered  into  by  the  go 
vernment  of  the  United  States  to  cause  their  rights  to  be  respect 
ed,  his  majesty  orders  that  all  causes  that  may  be  pending  in  the 
council  of  prizes,  of  captures  of  American  vessels,  made  after 
the  1st  of  November,  and  those  that  may  in  future  be  brought 
before  it,  shall  not  be  judged  according  to  the  principles  of  the 
decrees  of  Berlin  and  Milan,  but  that  they  shall  remain  suspend 
ed  ;  the  vessels  captured  and  seized  to  remain  only  in  a  state 


§  2.J  PROCEEDINGS  OF  CONGRESS.  129 

of  sequestration,  until  the  2d  of  February  next,  the  period  at 
which  the  United  States  h-xving  fulfilled \heengagement  to  cause 
their  rights  to  be  respected,  the  said  captures  shall  be  declared 
null  by  the  council,  and  the  American  vessels  restored,  together 
with  their  cargoes,  to  their  proprietors." 

TRANSLATION. 

Palace  of  St.  Cloud,  28th  April,  1811. 

Napoleon,  emperor  of  the  French,  &c.  On  the  report  of  our 
minister  of  foreign  relations : 

Seeing,  by  a  law  passed  on  the  2d  of  March,  1 81 1,  the  congress 
of  the  United  States  has  ordered  the  execution  of  the  provisions 
of  the  act  of  non-intercourse,  which  prohibits  the  vessels  and 
merchandise  of  Great  Britain,  her  colonies  and  dependencies, 
from  entering  into  the  ports  of  the  United  States : 

Considering  that  the  said  law  is  an  act  of  resistance  to  the  ar 
bitrary  pretensions  consecrated  by  the  British  orders  in  council, 
and  a  formal  refusal  to  adhere  to  a  system  invading  the  inde 
pendence  of  neutral  powers  and  of  their  flag;  we  have  ordered 
.and  decreed  as  follows  : 

The  decrees  of  Berlin  and  Milan  are  definitively,  and  to  date 
from  the  1st  November  last,  considered  as  not  existing  in  re 
gard  to  American  vessels. 

(Signed)  NAPOLEON. 

By  the  emperor,  the  minister  secretary  of  state. 

(Signed)  THE  COUNT  DARA. 

The  conclusion  drawn  from  these  acts  of  the  French  govern 
ment  was,  that  if  the  decree  had  been  made  known  to  congress 
in  the  spring  of  1811,  the  war  would  have  been  prevented,  as  it 
would  have  clearly  shown  that  the  president  had  issued  his  pro 
clamation  on  false  grounds,  being  required  by  law  to  be  conse 
quent  and  not  precedent  of  the  French  repeal,  and  that  thereby 
congress  would  have  been  forced  to  retrace  its  steps,  and,  agree 
ably  to  the  intent  of  the  law,  again  place  the  belligerents  on  an 
equal  footing. 

But,  even  supposing  that  had  not  been  the  case,  it  was  urged, 
is  there  not  every  reason  to  believe,  that  if  the  French  repealing 
decree  had  been  made  known  to  England,  she  would  have  mo 
dified  her  orders  in  council,  and  continued  peace  would  have 
been  the  consequence,  as  it  was  preposterous  to  pretend  that 
war  would  have  been  declared  had  the  orders  been  revoked? 
Impressment,  though  always  a  subject  of  difference  between  the 
two  nations  had  never  been  by  our  government  for  a  moment 
considered  as  sufficient  cause  of  war. 

VOL.  i.  T 


130  HISTORICAL  REGISTER.         [CHAP.  v. 

In  support  of  the  opinion  that  if  the  French  decree  had  been 
known  in  England,  the  orders  would  have  been  repealed,  quota 
tions  were  made  from  the  correspondence  with  Mr.  Foster ;  and 
though  it  was  admitted  that  some  paragraphs  of  the  letters,  ab 
stracted  from  the  residue,  appeared  to  assert  the  contrary,  even 
these,  it  was  averred,  are  allowed  by  Mr.  Monroe  himself  to 
be  equivocal,  and  when  viewed  as  a  whole,  that  appearance 
would  vanish.  In  the  last  letter  which  he  wrote  to  Mr.  Mon 
roe,  only  four  days  before  the  final  passage  of  the  act  declaring 
war,  he  avers  that  his  preceding  letters  had  been  misunderstood 
and  misconstrued,  and  finally  declares — u  I  will  now  say,  that  I 
feel  entirely  authorized  to  assure  you,  that  if  you  can  at  any 
time  produce  a  full  and  unconditional  repeal  of  the  French  de 
crees,  as  you  have  a  right  to  demand  it  in  your  character  of  a 
neutral  nation,  and  that  it  be  disengaged  from  any  connection 
with  the  question  concerning  our  maritime  rights,  we  shall  be 
ready  to  meet  you  with  a  revocation  of  the  orders  in  council." 

The  order  of  revocation  of  the  23d  of  June,  1812,  was  like 
wise  quoted  in  support  of  this  opinion. 

u  And  whereas  the  charge  des  affaires  of  the  United  States 
of  America,  resident  at  this  court,  did,  on  the  20th  day  of  May 
last,  transmit  to  lord  viscount  Castlereagh,  one  of  his  majesty's 
principal  secretaries  of  state,  a  copy  of  a  certain  instrument, 
then  for  the  first  time  communicated  to  this  court,  purporting 
to  be  a  decree  passed  by  the  government  of  France  on  the  28th 
day  of  April,  by  which  the  decrees  of  Berlin  and  Milan  are  de 
clared  to  be  definitively  no  longer  in  force  in  regard  to  Ameri 
can  vessels."  The  order  then  states,  that  although  the  "tenor 
of  said  instrument"  does  not  satisfy  the  conditions  of  his  former 
declaration,  yet,  wishing  to  re-establish  the  intercourse  between 
neutral  and  belligerent  nations,  he  "  therefore  is  pleased"  to  re 
voke  his  orders  so  far  as  they  relate  to  American  vessels  and 
property.  The  prince  regent  does  here  expressly  aver,  that  his 
revocation  is  founded  on  the  French  repealing  decree. 

The  enquiries  in  the  house  of  commons,  it  was  averred,  had 
no  decisive  effect  in  producing  the  revocation,  for  the  pressure 
had  been  long  felt  by  the  people,  and  long  known  to  the  go 
vernment;  the  loud  clamours  of  the  people  had  long  been  heard 
without  the  slightest  effect.  The  delay  of  thirty-three  days  by 
the  British  in  issuing  their  decree  of  revocation,  was  easily  ac 
counted  for  by  the  ministerial  interregnum,  which  ensued  on  the 
murder  of  Perceval. 

It  the  war  would  have  been  averted  by  the  publication  of  the 
repealing  decree  at  the  time  of  its  date,  is  it  not,  it  was  asked, 
<ai  the  almost  importance  ior  congress  to  know  who  was  charge- 


*2.j  PROCEEDINGS  OF  CONGRESS.  i&i 

able  with  the  guilt  of  suppressing  it  ?  And  was  it  not  the  duty 
of  every  member  of  the  house,  and  above  all  the  friends  of  the 
administration,  to  afford  the  executive  an  opportunity  to  hurl 
back  on  the  French  government  the  imputation  which  it  had 
thus  cast  on  its  character? 

Mr.  Grosvenor,  one  of  the  principal  advocates  of  the  resolu 
tions  in  the  original  form,  thus  concluded  his  speech.  "  There 
are  thousands  and  hundreds  of  thousands  of  this  people,  who 
do  believe  that  your  councils  are  contaminated  by  the  influence 
and  guided  by  the  hand  of  France.  For  a  series  of  years  they 
have  beheld,  or  they  think  they  have  beheld,  the  hand  of  the 
despot  in  our  affairs.  They  have  seen,  or  they  think  they  have 
seen,  their  government  the  unresisting  dupe  of  French  intrigue, 
the  tame  object  of  French  insult  and  injury.  If  it  so  please  you, 
call  these  men  tories — call  them  the  friends  of  England — call 
them  the  victims  of  delusion — call  them  what  you  will,  still, 
until  you  "can  rail  their  judgments  from  their  minds,"  or  until 
your  councils  change,  such  will  continue  their  honest  belief— 
By  rejecting  these  resolutions  you  fix  their  opinions  for  ever.  If 
they  are  deluded,  you  establish  their  delusion  beyond  the  pos 
sibility  of  removal.  On  the  other  hand,  if  you  pass  these  reso 
lutions,  and  if,  in  consequence  thereof,  the  president  shall  dis 
solve  the  darkness,  and  step  forth  to  the  public  pure  and  un 
spotted  ;  if  he  shall  evince  that  he  has  felt  and  acted  as  it  be 
came  the  chief  of  a  high  minded  and  free  people  ;  if  he  has  re 
pelled  and  resented  the  base  imputation,  happy,  beyond  measure 
happy  will  be  the  consequences  of  this  proceeding.  Cn  my  con 
science,  I  believe  it  will  go  farther  to  detroy  all  suspicion  of 
French  influence,  it  will  go  farther  to  restore  confidence  to  the 
executive,  than  any  other  mean  that  could  have  been  selected." 

The  speakers  on  the  other  side  of  the  house  contended  that 
these  arguments  were  totally  irrelevant.  France  and  Great 
Britain,  it  was  stated,  after  having  carried  on  the  present  war 
for  several  years  with  all  the  rancour  the  human  mind  is  suscep 
tible  of — each  struggling  for  the  destruction  of  the  other — found 
their  efforts  unavailing  by  the  ordinary  course  of  warfare. 
France,  inflated  with,  and  wielding  a  power  on  the  continent 
rarely  witnessed,  had  been  unable  to  conquer  Great  Britain  by 
the  direct  operations  of  war :  Great  Britain,  powerful  on  the 
ocean  beyond  all  example,  had  been  unable  to  bring  France  to 
terms  by  the  ordinary  course  of  war  upon  her  ships,  colonies, 
and  commerce.  In  this  state  of  things,  they  seem  to  have  de 
termined  respectively  that  every  thing  should  yield  to  their 
views  of  mutual  destruction  and  self  aggrandizement;  that 


132  HISTORICAL  REGISTER.          [CHAP.  v. 

those  principles  of  natural  reason  which  ought  to  govern  all  na 
tions,  and  which,  under  the  name  of  national  law,  had  been  ac 
knowledged  by  all  civilized  nations,  should  be  no  longer  regard 
ed:  they  commenced  a  system  of  depredation,  of  plundering 
of  the  commerce  of  all  peaceful  nations,  each  alleging  that  the 
course  taken  was  founded  in  just  retaliation.  Under  this  state 
of  things,  what  was  the  American  government  bound  to  do  ?  At 
most  barely  to  demand  reparation  from  both;  and,  upon  refusal, 
she  might  rightly  declare  war  against  one  or  both,  according  to 
her  view  of  political  expediency.  We  were  under  no  moral  ob 
ligation  to  procure  a  repeal  of  the  Berlin  or  Milan  decrees,  as 
a  condition  precedent  to  our  having  a  just  cause  of  war  against 
Britain  for  captures  under  her  orders  in  council,  neither  were 
we  bound  to  procure  a  repeal  of  the  orders  in  council,  as  a  con 
dition  precedent  to  a  just  war  against  France  for  captures  under 
the  Berlin  and  Milan  decrees.  Each  had  violated  our  perfect 
rights,  and  we  had  a  right  to  select  our  enemy.  As  well  might 
it  be  contended,  that  a  man  is  bound  to  adjust  the  priority  of  in 
jury  between  two  highway-men  who  have  at  distinct  times  rob 
bed  him,  before  he  shall  proceed  to  enforce  the  law  and  recover 
his  property,  as  to  insist  that  we  could  have  no  just  cause  of  war 
against  France  or  Great  Britain,  withot  procuring  a  repeal  of 
the  orders  in  council  or  Berlin  and  Milan  decrees. 

Besides,  it  was  contended,  every  man  acquainted  with  the 
political  state  of  the  two  countries  must  be  satisfied,  that  it  was 
the  suffering  condition  of  the  British  manufacturers,  united  with 
the  apprehension  of  an  American  war,  and  not  the  repeal  of  the 
French  decrees  as  to  America,  whych  produced  the  conditional 
repeal  of  the  British  orders  in  council.  The  declaration  of  the 
prince  regent  of  the  21st  of  April,  1812,  was  quoted  to  show, 
that,  in  order  to  produce  a  revocation  of  the  orders  as  to 
America,  it  was  necessary,  not  that  the  French  decrees  should 
be  modified  so  as  to  except  American  commerce  from  their 
operation,  but  that  these  decrees  should  be  "unconditionally 
repealed,  and  the  commerce  of  neutral  nations  be  restored  to 
its  accustomed  course."  The  language  of  the  French  repealing 
decree  is, 

"The  decrees  of  Berlin  and  Milan  are  definitively,  and  to 
date  from  the  1st  November  last  considered  as  not  existing  in 
regard  to  American  vessels." 

A.nd  the  prince  regent,  in  the  decree  repealing  the  orders  in 
council,  declares, 

That  he  "  cannot  consider  the  tenor  of  the  said  instrument 
as  satisfying  the  conditions  set  forth  in  the  said  order  of  the 
21st  of  April,  1812." 


$2.]  PROCEEDINGS  OF  CONGRESS.  13 

Why,  it  was  urged,  was  not  this  a  compliance  with  the  de 
claration  of  April,  1812?  As  to  the  United  States,  it  was  full 
and  complete.  It  was  because  it  was  not  a  repeal,  and  because 
it  did  not  relate  to  all  neutral  powers. 

The  correspondence  of  Mr.  Foster  was  likewise  quoted  in 
support  of  this  opinion.  In  a  letter  to  the  secretary  of  state, 
dated  June  10,  1812,  he  says,  u  I  have  no  hesitation  in  saying, 
that  Great  Britain,  as  the  case  has  hitherto  stood,  never  did  nor 
ever  could  engage,  without  the  grossest  injustice  to  herself  and 
her  allies,  as  well  as  to  other  neutral  nations,  to  repeal  her  or 
ders  as  affecting  America  i,lone,  leaving  them  in  force  against 
other  states,  upon  condition  that  France  would  except  singly 
and  specially  America  from  the  operation  of  her  decrees." 

This  declaration,  it  was  urged,  had  removed  every  doubt  that 
could  exist  in  relation  to  the  intention  of  the  British  government. 
But  the  executive  of  the  United  States,  solicitous  to  avoid  the 
evils  of  war,  on  the  13th  of  June,  1812,  again  addressed  the 
British  minister  in  the  following  terms : 

"  It  is  satisfactory  to  find  that  there  has  been  no  misappre 
hension  of  the  condition  without  which  your  government  re 
fuses  to  repeal  the  orders  in  council.  You  admit  that  to  obtain 
their  repeal  in  respect  to  the  United  States,  the  repeal  of  the 
French  decrees  must  be  absolute  and  unconditional,  not  as  to 
the  United  States  only,  but  as  to  all  other  neutral  nations ;  not 
as  far  as  they  affect  neutral  commerce  only,  but  as  they  operate 
internally,  and  affect  the  trade  in  British  manufactures  with  the 
enemy  of  Great  Britain.  As  the  orders  in  council  have  form 
ed  a  principal  cause  of  the  differences  which  unhappily  exist 
between  our  countries,  a  condition  of  their  repeal  communi 
cated  in  any  authentic  document  or  manner  was  entitled  to  par 
ticular  attention.  And  surely  none  could  have  so  high  a  claim 
to  it  as  the  letter  from  Lord  Castlereagh  to  you,  submitted  by 
his  authority  to  my  view,  for  the  express  purpose  of  making 
that  condition  with  its  other  contents,  known  to  this  govern 
ment." 

To  the  letter  last  mentioned  Mr.  Foster  gave  an  answer 
which  closes  the  correspondence  between  the  two  countries. 
The  language  is  too  plain  to  admit  but  of  one  construction 

u  I  will  now  say,  that  I  feel  entirely  authorized  to  assure  you, 
that  if  you  can  at  any  time  produce  a  full  and  unconditional  re 
peal  of  the  French  decrees,  as  you  have  a  right  to  dt  mand  it 
in  your  character  of  a  neutral  nation,  and  that  it  be  disengaged 
from  any  question  concerning  our  maritime  rights,  we  shall  be 
ready  to  meet  you  with  a  revocation  of  the  orders  in  council. 
Previously  to  your  producing  such  an  instrument,  which  I  am 


1.34  HISTORICAL  REGISTER.  [CHAP.  v. 

sorry  to  see  you  appear  to  regard  as  unnecessary,  you  cannot 
expect  of  us  to  give  up  our  orders  in  council." 

From  these  authentic  documents,  it  was  urged  no  man  could 
doubt  that,  even  if  the  French  decree  had  been  produced  at 
the  pt  riod  of  its  date,  it  would  have  failed  in  bringing  about  the 
revocation  of  the  orders  in  council. 

With  regard  to  the  question  of  impressment,  it  was  urged, 
that,  if  the  public  documents  were  referred  to,  it  would  be 
found>  that  it  was  considered  as  a  principal  cause  of  the  war ; 
and  that  no  man  could  with  confidence  pronounce  what  would 
have  been  the  course  pursued  had  the  orders  in  council  been 
revoked  before  war  was  declared.  Now  that  the  war  was  com 
menced,  it  was  asked,  shall  the  question  of  impressment  be 
given  up  ?  If  gentlemen  will  not  fight  for  the  personal  rights 
of  American  citizens,  will  they  surrender  them  ? 

These  arguments,  however,  it  was  stated,  were  not  urged 
against  the  passage  of  the  resolutions,  but  merely  to  rebut  the 
assertion  that  the  country  had  been  involved  in'warby  the  con 
cealment  of  the  decree. 

The  debate  on  this  subject  continued  until  the  21st,  when 
Mr.  Bibb  having  stated  it  to  be  the  intention  of  the  committee 
of  ways  and  means  to  call  up  the  tax  bills  the  following  day, 
motions  for  amendment  and  indefinite  postponement,  then  be 
fore  the  house,  were  withdrawn  by  their  respective  movers,  and 
the  resolutions  passed  as  follows :  for  the  passage  of  the  first 
resolution,  yeas  137,  nays  26;  for  the  second,  yeas  137,  nays 
29  ;  for  the  third,  yeas  134,  nays  30  ;  for  the  fourth,  yeas  125, 
nays  34 ;  and  for  the  fifth,  yeas  93,  nays  68.  The  following  re 
solution  was  likewise  passed,  on  motion  of  Mr.  Rhea,  and  a 
committee  appointed  to  present  the  resolutions  to  the  president. 

Resolved,  That  the  president  of  the  United  States  be  re 
quested  to  transmit  to  this  house  copies  of  a  declaration  and 
order  in  council  of  the  British  government  of  the  21st  of  April, 
1812,  and  a  copy  of  a  note  from  lord  Castlereagh  to  Mr.  Rus 
sell,  being  the  same  alluded  to  in  the  letter  of  Mr.  Russell  to 
the  secretary  of  state,  of  the  26th  April,  1812. 

§  3.  In  answer  to  this  call  of  the  house,  the  president  trans 
mitted  a  report  of  the  secretary  of  state,  accompanied  with  a 
correspondence  between  Mr.  Barlow  and  the  French  govern 
ment,  between  Mr.  Barlow  and  Mr.  Russell,  a  correspondence 
between  Mr.  Russell  and  the  departmen  of  state,  and  letters 
from  Mr.  Monroe  to  Mr.  Barlow  after  the  declaration  of  war, 
all  of  them  relating  to  this  subject. 

The  secretary,  in  his  report,  states,  that  the  first  intelligence 
which  this  government  received  of  the  French  decree  of  the  28th 


§3.]  PROCEEDINGS  OF  CONGRESS.  135 

April,  1811,  was  communicated  by  Mr.  Barlow,  in  a  letter 
bearing  date  on  the  12th  May,  1  12,  which  was  received  on  the 
13th  July  following:  that  the  first  intimation  to  Mr.  Barlow  of 
the  existence  of  that  decree,  as  appears  by  his  communications, 
was  given  by  the  duke  of  Bassano,  in  an  informal  conference 
on  some  day  between  the  1st  and  10th  of  May,  1812,  and  that 
the  official  communication  of  it  to  Mr.  Barlow  was  made  on  the 
10th  of  that  month,  at  his  request ;  that  Mr.  Barlow  transmitted 
a  copy  of  that  decree,  and  of  the  duke  of  Bassano's  letter  an 
nouncing  it,  to  Mr.  Russell,  in  a  letter  of  May  llth,  in  which 
he  also  informed  Mr.  Russell,  that  the  duke  of  Bassano  had 
stated  that  the  decree  had  been  duly  communicated  to  him  ; 
that  Mr.  Russell  replied  in  a  letter  to  Mr.  Barlow  of  the  29th 
May,  that  his  first  knowledge  of  this  decree  was  derived  from 
his  letter,  and  that  he  has  repeatedly  stated  the  same  since  to 
this  government. 

The  secretary  also  stated,  that  no  communication  of  the  de 
cree  of  the  28th  April,  1811,  was  ever  made  to  this  government 
by  the  minister  of  France,  or  other  person,  than  as  is  above  sta 
ted  ;  and  that  no  explanation  of  the  cause  of  its  not  having  been 
communicated  to  this  government  and  published  at  the  time  of 
its  date,  was  ever  made  to  this  government,  or,  so  far  as  it  is  in 
formed,  to  the  representatives  or  agents  of  the  United  States  in 
Europe.  The  minister  of  France  has  been  asked  to  explain 
the  cause  of  a  proceeding  apparently  so  extraordinary  and  ex 
ceptionable,  who  replied  that  his  first  intelligence  of  that  decree 
was  received  by  the  Wasp,  in  a  letter  from  the  duke  of  Bassano 
of  May  10th,  1812,  in  which  he  expressed  his  surprise  excited 
by  Mr.  Barlow's  communication,  that  a  prior  letter  of  May, 
1811,  in  which  he  had  transmitted  a  copy  of  the  decree  for  the 
information  of  this  government,  had  not  been  received. 

The  secretary  then  enters  into  an  examination  of  the  state  of 
our  foreign  relations,  for  which  we  must  refer  our  readers  to  the 
report  itself,  which  will  be  found  among  the  documents  of  this 
session.  The  report  concludes  as  follows : 

"  It  was  anticipated  by  some,  that  a  declaration  of  war  against 
Great  Britain  would  force  the  United  States  into  a  close  con 
nection  with  her  adversary,  much  to  their  disadvantge.  The 
secretary  of  state  thinks  it  proper  to  remark,  that  nothing  is 
more  remote  from  the  fact.  The  discrimination  in  favour  of 
France,  according  to  law,  in  consequence  of  her  acceptance  of 
the  proposition  made  equally  to  both  powers,  produced  a  differ 
ence  between  them  m  that  special  case,  but  in  that  only. 

u  The  war  with  England  was  declared  without  any  concert 
or  communication  with  the  French  government ;  it  has  produ- 


136  HISTORICAL  REGISTER.  [CHAP.  v. 

ced  no  connection  between  the  United  States  and  France,  or  any 
understanding  as  to  its  prosecution,  continuance,  or  termination. 
The  ostensible  relation  between  the  two  countries,  is  the  true 
and  only  one.  The  United  States  have  just  claims  on  France, 
for  spoliations  on  their  commerce  on  the  high  seas,  and  in  the 
ports  of  France  ;  and  their  late  minister  was,  and  their  present 
minister  is,  instructed  to  demand  reparation  for  these  injuries, 
and  to  press  it  with  the  energy  due  to  the  justice  of  their  claims 
and  to  the  character  of  the  United  States." 

§  4.  The  case  of  the  stenographers  was  as  follows.  On  the 
31st  of  May  the  petition  of  George  Richards  was  presented  to 
the  house,  stating,  that  during  the  last  session  he  reported  their 
proceedings,  and  that  on  application  at  the  present  session  for  the 
like  privilege,  he  had  been  excluded  by  the  decision  of  the 
speaker.  The  prayer  of  the  petitioner  was  to  be  admitted  as 
heretofore,  for  the  purpose  of  reporting  their  debates. 

The  rules  of  the  house  provide  that  stenographers  shall  be 
admitted,  and  that  the  speaker  shall  assign  them  such  places  on 
the  floor  as  shall  not  interfere  with  the  convenience  of  the  house. 
In  the  modification  of  the  representatives'  chamber  for  the  re 
ception  of  the  great  increase  of  members  in  the  13th  congress, 
it  appears,  the  places  hitherto  assigned  to  reporters  were  con 
siderably  curtailed.  Six  reporters  applied  for  places,  and  only 
four  could  be  admitted.  The  consequence  was  that  two  were 
excluded,  one  of  whom  was  the  petitioner. 

The  petition  being  presented  near  the  commencement  of  the 
session,  before  any  of  the  committees  had  made  their  reports, 
and  no  matter  of  importance  of  course  being  before  congress, 
this  subject  gave  rise  to  a  great  deal  of  debate,  and  to  a  variety 
of  motions.  The  business  was  at  last  settled  by  the  adoption  of 
the  following  resolution : 

Resolved,  That  a  sum  not  exceeding  two  hundred  dollars  be, 
and  is  hereby  appropriated  out  of  the  contingent  fund  of  this 
house,  for  the  purpose  of  making  provision  for  the  accommo 
dation  of  stenographers  in  the  galleries  of  the  house,  and  that 
whenever  such  provision  shall  have  been  made,  no  stenogra 
phers  shall  be  admitted  on  the  floor  of  the  house. 

The  executive  business  transacted  in  the  senate  relative  to 
the  approbation  of  the  appointment  of  the  envoys  to  Russia,  and 
the  minister  to  Sweden,  excited  an  uncommon  degree  of  interest 
throughout  the  country. 

\  5,  On  Mondav,  May  31,  a  message  was  received  from  the 
president  of  the  United  States  by  the  senate,  of  which  the  fol 
lowing  is  an  extract : 


}  5.]  PROCEEDINGS  OF  CONGRESS.  1ST 

To  the  Senate  of  the  United  States. 

Commissions  having  been  granted  during  the  recess  of  the 
senate  to  the  following  persons,  I  now  nominate  them  to  the 
same  offices  respectivelv  annexed  to  their  names:  Albert  Gal- 
latin,  John  Quincy  Adams,  and  James  A.  Bayard,  to  be  jointly 
and  severally  envoys  extraordinary  and  ministers  plenipotentia 
ry,  to  negociate  and  sign  a  treaty  of  peace  with  Great  Britain, 
under  the  mediation  of  the  emperor  of  Russia;  to  negociate 
and  sign  a  treaty  of  commerce  with  Great  Britain;  and  the  said 
Albert  Gallatin,  John  Quincy  Adams,  and  Junes  A.  Bayard, 
to  be  jointly  and  severally  envoys  extraordinary  and  ministers 
plenipotentiary,  to  negociate  and  sign  a  treaty  of  commerce 
with  Russia.  JAMES  MADISON. 

Washington,  May  29th,  1813. 

On  Wednesday  Mr.  King  submitted  the  following  motions 
for  consideration,  the  two  first  of  which  were  negatived.  The 
last  was  agreed  to,  and  the  secretary  was  ordered  to  lay  it  be 
fore  the  president. 

,  Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  cause  to  be  laid  before  the  senate,  copies  of  the  commu 
nications  from  the  emperor  of  Russia,  offering  his  mediation 
to  bring  about  a  peace  between  the  United  States  and  Great 
Britain,  together  with  copies  of  the  answers  to  such  communi 
cations,  and  noticing  the  dates  at  which  the  same  were  respec 
tively  received  and  answered. 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  cause  to  be  laid  before  the  senate  copies  of  the  commis 
sions  granted  to  Albert  Gallatin,  John  Quincy  Adams,  and 
James  A.  Bayard,  to  negociate  treaties  of  peace  and  commerce 
with  Great  Britain,  and  a  treaty  of  commerce  with  Russia. 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  inform  the  senate  whether  Albert  Gallatin,  commissioned 
as  one  of  the  envoys  to  treat  of  peace  and  commerce  with  Great 
Britain,  and  of  commerce  with  Russia,  retains  the  office  of  se 
cretary  of  the  department  of  the  treasury  ;  and,  in  case  of  his 
so  retaining  the  same,  to  inform  the  senate  under  what  autho 
rity  and  by  whom  the  powers  and  duties  of  the  head  of  the  trea 
sury  department  are  discharged,  during  the  absence  of  Albert 
Gallatin  from  the  United  States. 

The  following  message  was  received  in  answer. 

To  the  Senate  of  the  United  States. 

In  compliance  with  their  resolution  of  the  3d  instant,  the  se 
nate  are  informed,  that  the  office  of  secretary  of  tne  treasury 

VOL.    I,  U 


138  HISTORICAL  REGISTER.         [CHAP.  v. 

is  not  vacated,  and  that  in  the  absence  of  Albert  Gallatin,  com 
missioned  as  one  of  the  envoys  to  treat  with  Great  Britain  and 
Russia,  the  duties  of  that  office  are  discharged  by  William  Jones, 
secretary  of  the  navy,  authorized  therefor  according  to  the 
provisions  of  the  act  of  congress  entitled  "  an  act  making  alter 
ations  in  the  treasury  and  war  departments,"  passed  May  8th, 
1792.  JAMES  MADISON. 

Washington,  July  3,  1813. 

A  committee  was  then  appointed,  consisting  of  Messrs.  An 
derson,  King,  Giles,  Brown,  and  Bledsoe,  to  whom  the  nomi 
nation  of  Albert  Gallatin,  together  with  the  above  message,  was 
referred,  to  inquire  and  report  thereon. 

On  the  llth  of  June,  Mr.  Anderson,  the  chairman  of  the 
committee,  addressed  the  following  letter  to  the  president: 

Sir,  Capitol  Hill,  llth  June,  1813. 

I  take  leave  to  enclose  you  a  copy  of  a  resolution  of  the  se 
nate.  The  committee  appointed  by  that  resolution  have  direct 
ed  me  to  inform  you,  that  they  will  wait  on  you  at  such  time  as 
you  may  please  to  appoint,  in  order  to  commune  with  you  up 
on  the  matter  referred  to  them. 

Accept  assurances  of  my  high  respect. 

JOSEPH  ANDERSON. 

Mr.  Anderson  afterwards  called  on  the  president,  who  in 
formed  him  that  he  did  not  consider  the  authority  given  to  the 
committee  by  the  resolution,  such  as  to  authorize  them  to  call 
on  him  in  their  official  character,  but  that  if  they  were  especial 
ly  instructed  to  call  on  him,  and  the  specific  object  designated, 
he  would  freely  receive  them,  and  appoint  a  time  for  that  pur 
pose.  The  committee  according!}'  reported  to  this  effect,  and 
submitted  to  the  senate  the  following  resolutions,  which  were 
read  and  agreed  to,  yeas  20,  nays  14. 

Resolved,  That  in  the  opinion  of  the  senate,  the  powers  and 
duties  of  the  secretary  of  the  department  of  the  treasury,  and 
those  of  an  envoy  extraordinary  to  a  foreign  power,  are  so  in 
compatible,  that  they  ought  not  to  be,  and  remain  united  in  the 
same  person. 

Resolved,  That  the  committee  to  whom  was  referred  the  no 
mination  of  Albert  Gallatin  (secretary  of  the  department  of 
the  treasury),  as  an  envoy  extraordinary  to  treat  of  peace  and 
commerce  with  Great  Britain,  and  of  commerce  with  Russia, 
be  instructed  to  communicate  the  foregoing  resolution  to  the 


o5.J  PROCEEDINGS  OF  CONGRESS.  139 

president  of  the  United  States,  and  respectfully  to  confer  with 
him  upon  the  matter  thereof. 

On  the  19th  Mr.  Anderson  made  this  further  report,  viz. 

The  committee  to  whom  was  referred  the  nomination  of  Al 
bert  Gallatin,  to  be  one  of  the  envoys  .extraordinary  and  minis 
ters  plenipotentiary  to  negociate  and  sign  a  treaty  of  peace  with 
Great  Britain,  under  the  mediation  of  the  emperor  of  Russia, 
to  negociate  and  sign  &  treaty  of  commerce  with  Great  Briiain, 
and  to  negociate  and  sign  a  treaty  of  commerce  with  Russia,  to 
gether  with  the  message  of  the  president  of  the  United  States, 
of  the  7th  June,  report: 

That,  according  to  the  instructions  of  the  senate  of  the  IGth 
June,  the  committee,  through  its  chairman,  addressed  a  note  to 
the  president  of  the  United  States,  on  the  12th  instant,  a  copy 
of  which  accompanies  this  report,  and,  in  reply  thereto,  the  pre 
sident  addressed  a  note  to  the  chairman  on  the  14th  inst.  which 
note  also  accompanies  this  report,  appointing  Friday  the  16th 
inst.  to  receive  the  committee,  to  communicate  the  aforesaid 
resolution  of  the  senate,  and  apprising  the  committee  of  his  late 
message  to  the  senate,  containing  the  grounds  on  which  he 
would  be  obliged  to  decline  the  proposed  conference  with  the 
committee  ;  upon  due  consideration  of  this  reply,  the  committee 
deemed  it  an  incumbent  duty  to  wait  on  the  president  accord 
ing  to  his  appointment,  and  to  present  to  him  both  the  resolu 
tions  of  the  senate,  in  relation  to  the  nomination  referred  to  the 
committee,  and  did  accordingly  wait  on  him  and  present  them. 
When  the  president  was  pleased  to  observe  to  the  committee 
in  substance,  that  he  was  sorry  the  senate  had  not  taken  the 
same  view  of  the  subject  which  he  had  done,  and  that  he  re 
gretted  that  the  measure  had  been  taken  under  circumstances 
which  deprived  him  of  the  aid  or  advice  of  the  senate.  After 
the  committee  had  remained  a  reasonable  time  for  the  presi 
dent  to  make  any  other  observations  if  he  thought  proper  to  do 
so,  and  observing  no  disposition  manifested  by  him  to  enter  in 
to  further  remarks,  the  committee  retired  without  making  any 
observations  on  the  matter  of  the  resolutions,  or  in  reply  to 
those  made  by  the  president. 

Copy  of  a  letter  from  the  chairman  of  the  committee  on  the  no 
mination  of  Albert  Gallatin,    to  the  president  of  the  United 
States. 
Sir,  July  12M,  1813. 

The  committee  to  whom  was  referred  the  nomination  oi  Al 
bert  Gallatin,  to  be  one  of  the  envoys  extraordinary  and  minis 
ters  plenipotentiary,  to  negociate  and  sign  a  treaty  of  peace  with 


140  HISTORICAL  REGISTER.  [CHAP.  v. 

Great  Britain,  under  the  mediation  of  the  emperor  of  Russia, 
to  negociate  and  sign  a  treaty  of  commerce  with  Great  Britain, 
and  to  negociate  and  sign  a  treaty  of  commerce  with  Russia, 
together  with  the  message  of  the  president  of  the  7th  June,  have 
directed  me  to  enclose  you  a  copy  of  two  resolutions  passed  by 
the  senate,  and  to  request  that  you  will  be  pleased  to  appoint 
such  time  to  receive  the  committee  as  may  entirely  comport 
with  your  own  convenience. 

The  committee  sincerely  lament,  that  your  indisposition  for 
some  time  past  has  been  such  as  would  have  rendered  it  impro 
per  to  have  addressed  you  upon  this  subject  at  an  earlier  period; 
and  are  now  much  gratified  to  learn  that  you  are  so  far  restored 
to  your  health  as  to  be  enabled  to  attend  to  your  official  duties. 

Accept  my  best  wishes  for  a  perfect  restoration  of  your 
health,  and  assurance  of  my  high  respect. 

JOSEPH  ANDERSON, 
Chairman  of  the  Committee. 

Presidents  Reply. 

J.  Madison  presents  his  respects  to  Mr.  Anderson,  and  in 
forms  him  that  he  will,  on  Friday  next,  at  11  o'clock,  receive 
the  committee  of  the  senate  instructed  to  communicate  to  the 
president  their  resolution  of  the  16th  ult.  The  committee  are 
apprised,  by  his  late  message  to  the  senate,  of  the  grounds  on 
which  he  will  be  obliged  to  decline  the  proposed  conference 
with  the  committee  upon  the  matter  of  that  resolution. 
Wednesday,  July  14,  1813. 

After  the  report  was  read,  the  appointment  of  Mr.  Gallatin 
was  negatived,  by  a  majority  of  one  vote.  The  appointments 
of  Mr.  Adams  and  Mr.  Bayard  were  agreed  to  by  large  ma 
jorities. 

\  6.  The  following  message  to  the  senate  from  the  president 
of  the  United  States,  was  received  on  the  same  day  with  that 
communicating  the  nomination  of  the  ambassadors  to  Russia. 

To  the  Senate  of  the  United  States. 

The  Swedish  government  having  repeatedly  manifested  a 
desire  to  interchange  a  public  minister  with  the  United  States, 
and  having  lately  appointed  one  with  that  view,  and  other  con 
siderations  concurring  to  render  it  advisable  at  this  period  to 
make  a  correspondent  appointment,  I  nominate  Jonathan  Rus 
sell,  oi  Rhode  Island,  to  be  minister  plenipotentiary  of  the 
Uflittd  States  to  Sweden. 

May  ^th,  1813.  JAMES  MADISON. 

*  See  this  message  in  page  145. 


o  6.]  PROCEEDINGS  OF  CONGRESS.  141 

After  the  reading  of  the  message,  the  following  resolution 
was  agreed  to,  and  the  secretary  ordered  to  lay  it  before  the 
president. 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  cause  to  be  laid  before  the  senate  the  correspondence 
which  may  have  passed  between  the  United  States  and  the  king 
of  Sweden,  respecting  the  interchange  of  public  ministers  be 
tween  the  said  governments. 

The  following  message  and  report  was  received  in  answer. 

To  the  Senate  of  the  United  States. 

I  transmit  to  the  'senate  a  report  of  the  secretary  of  state, 
complying  with  their  resolution  of  the  third  instant. 

JAMES  MADISON. 
Washington,  June  7th,  1813. 

The  report  and  documents  are  as  follow : 

The  secretary  of  state,  to  whom  was  referred  the  resolution 
of  the  senate  of  the  3d  instant,  requesting  the  president  to  cause 
to  be  laid  before  the  senate,  the  correspondence  which  may 
have  passed  between  the  United  States  and  the  king  of  Swe 
den,  respecting  the  interchange  of  public  ministers,  has  the  ho 
nour  to  report  to  the  president,  that  no  direct  correspondence 
has  taken  place  on  the  subject. 

In  reference  to  the  object  of  the  resolution,  the  secretary  of 
state  submits  several  extracts  of  letters  from  Mr.  Speyer,  con 
sul  of  the  United  States  at  Stockholm,  and  a  letter  from  Mr. 
Beasley,  commissary  of  prisoners  at  London,  by  which  the 
wishes  and  intentions  of  the  Swedish  government  in  relation 
to  the  interchange  of  ministers  have  been  made  known  to  this 
department. 

Respectfully  submitted, 

JAMES  MONROE. 

Department  of  State,  June  7th,  1813. 

(Copy.)          Mr.  Beasley  to  the  Secretary  of  State. 

London,  December  12,  1813. 
Sir, 

Referring  to  my  letter  of  the  10th  instant,  I  have  now  the 
honour  to  transmit  a  copy  of  the  letter  which  I  informed  you 
thiit  I  had  received  from  Mr.  Speyer,  and  of  that  which  I  stated 
it  was  my  intention  to  address  to  him,  on  the  subject  of  our  re 
lations  with  Sweden. 

Notwithstanding  the  present  apparent  irritation  of  the  Swe 
dish  government,  I  have  been  assured  by  Mr.  De  Kantzow, 


142  HISTORICAL  REGISTER.          [GHAP.  v. 

and  I  learn  from  other  sources,  that  it  has  invariably  manifest 
ed  the  most  friendly  disposition  towards  the  United  States. 
Those  American  vessels  which  have  sought  shelter  in  its  ports 
have  experienced  perfect  protection.  British  cruisers  are  not 
allowed  within  its  territories  to  dispose  of  prizes  they  make  from 
the  United  States;  and  in  some  instances  the  protection  of  Swe 
dish  convoy  has  been  afforded  to  American  vessels  passing 
through  the  sound. 

Indeed  this  circumstance,  Mr.  De  Kantzow  informed  me, 
had  been  mentioned  to  him  by  lord  Castlereagh  with  no  satis 
faction. 

I  fear,  however,  that  the  art  and  intrigues  of  our  enemy  will, 
if  not  speedily  counteracted,  produce  a  state  of  things  equally 
unfriendly.  I  collect  from  various  quarters  that  considerable 
dissatisfaction  is  entertained  by  the  Swedish  government  that 
the  United  States  have  not  appointed  a  minister  near  it. 

The  jealousy  which  has  long  existed  between  Sweden  and 
Denmark,  is  said  to  have  contributed  no  little  to  the  feeling  to 
which  this  mission  has  given  rise,  seeing  that  the  United  States 
have  had  a  minister  near  the  Danish  government.  Mr.  De 
Kantzow  seemed  anxious  to  know  whether  a  minister  was  or 
would  be  appointed ;  and  I  am  inclined  to  believe  that  his  stay 
here  is  prolonged  on  that  account. 

The  crown  prince  is  fond  of  court  and  splendour ;  the  go 
vernment  is  poor ;  and  to  say  nothing  of  the  two  great  spolia 
tors,  the  example  of  Denmark  is  immediately  before  it. 

I  beg  to  add,  that  the  result  of  all  the  information  I  can  col 
lect,  is,  that  the  fate  of  all  the  American  property,  now  in  the 
dominions  of  Sweden,  will  depend  on  the  course  which  the  go 
vernment  of  the  United  States  may  pursue  on  this  critical  and 
delicate  emergency. 

I  have  the  honour  to  be,  with  the  greatest  respect,  your  most 
obedient  humble  servant, 

R.  G.  BEASLEY. 

Extract  of  a  letter  from  John  Speyer,  Esq.  consul  of  the  United 

States  at  Stockholm,  to  the  Secretary  of  State;  dated 
(No.  10.)  Stockholm,  18th  January,  1812. 

The  minister  of  foreign  affairs,  in  the  course  of  our  conver 
sation  yesterday,  mentioned  that  both  the  king  and  prince  royal 
were  desirous  to  maintain  and  extend  the  friendlv  relations  and 
commercial  intercourse  now  subsisting  between  us,  and  intend 
to  send  a  minister  or  charge  des  affaires  to  the  United  States. 
He  would  name  the  person  designated  for  that  mission,  were 
it  ascertained  whether  he  accepted  of  it. 


§6.]  PROCEEDINGS  OF  CONGRESS.  143 

Extract  of  a  letter  from  the  Same  to  the  Same,  dated 
(No.  11.)  Stockholm,  2lst  January,  1812. 

The  gentleman  mentioned  in  my  No.  1O,  as  intended  to  be 
sent  to  the  United  States,  is  Mr.  Kantzow,  who  lately  returned 
from  Brazils,  where  he  resided  charge  des  affaires  of  the  king 
several  years  j  he  had  before  been  consul-general  of  Sweden,  in 
Portugal. 

He  informed  me  yesterday,  that  he  was  to  go  as  charge  des 
affaires,  which  he  refused,  but  consented  to  accept  the  appoint 
ment  of  minister. 

From  the  personal  knowledge  I  have  of  Mr.  Kantzow,  I 
think  him  well  calculated  to  contribute  to  the  good  understand 
ing  of  our  respective  governments. 

Mr.  Speyer  to  the  Secretary  of  State. 

(Extract.)  Stockholm,  Slat  March,  1812. 

On  the  24th  the  minister  of  foreign  affairs  told  me  that  the 
king  had  on  that  day,  directed  him  to  inform  me,  that  he  would 
send  Mr.  Kantzow  as  minister  resident  to  the  United  States.  I 
understand  that  Mr.  Kantzow  is  to  leave  this  with  his  family, 
early  in  May,  by  way  of  England. 

Same  to  the  Same. 
(Extract.)  18th  May,  1812,  Orebro. 

Mr.  Kantzow,  who  is  appointed  minister  to  the  United 
States,  is  still  here  ;  he  expects  to  receive  his  instructions  soon, 
when  he  will  set  out  on  his  voyage. 

From  the  Same  to  the  Same. 
(Extract.)  Stockholm,  25th  September,  1812. 

Mr.  Kantzow  has  received  his  credentials  as  minister  resi 
dent  at  Washington,  and  was  despatched  from  Orebro  on  the 
15th  ult.  He  is  now  in  London,  and  will  probably  remain 
there  next  winter.  The  prince  royal  informed  me  the4thinst. 
that  he  had  directed  Mr.  Kantzow  to  represent  to  the  English 
government,  his  desire  to  see  a  good  understanding  restored 
with  the  United  Slates. 

From  the  Same  to  the  Same,  dated 
(Extract.)  Stockholm,  25th  September^  1812. 

As  this  government  expect  the  appointment  of  a  minister  or  a 
charge  des  affaires  in  return  for  Mr.  Kantzow's  mission,  I  have 
not  presented  the  commission  as  consul  for  this  place.  I  am 
apprehensive  it  might  be  ungraciously  received  here,  after  their 
notification  of  the  appointment  of  a  minister. 


144  HISTORICAL  REGISTER.  [CHAP.  v. 

Previously  to  the  receipt  of  this  message,  a  motion  had  been 
submitted  by  Mr.  Goldsborough,  which  was  amended  as  fol 
lows,  and  the  resolution,  together  with  the  nomination  of  Mr. 
Russell,  were  referred  to  Mr.  Goldsborough,  Mr.  Anderson, 
and  Mr.  King,  to  inquire  and  report  thereon. 

Resolved,  That  the  president  of  the  United  States  be  re 
quested  to  inform  the  senate,  whether  any  communication  has 
been  received  from  Jonathan  Russell,  admitting  or  denying 
the  declaration  of  the  duke  of  Bassano  to  Mr.  Barlow,  that  he 
had  informed  his  predecessor  of  the  repeal  of  the  Berlin  and 
Milan  decrees  at  the  date  of  that  decree. 

The  committee,  on  the  7th  of  June,  reported,  "that,  in  pur 
suance  of  the  order  of  the  senate,  the  committee  met  the  secre 
tary  of  state,  by  appointment,  at  the  office  of  the  department 
of  state,  when  they  were  informed  by  the  secretary,  that  there 
was  no  official  denial  or  admission  of  Mr.  Jonathan  Russell, 
that  the  allegation  of  the  duke  of  Bassano  to  Mr.  Barlow  re 
ferred  to  was  true  ;  but  that  he  (the  secretary)  had  a  private 
letter  from  Mr.  Russell,  subsequent  to  the  allegation  of  the 
duke  of  Bassano,  in  which  he  understood  that  allegation  to  be 
unequivocally  denied." 

On  the  14th,  the  subject  was  referred  to  another  committee, 
consisting  of  Mr.  Wells,  Mr.  Giles,  and  Mr.  King,  with  in 
structions  to  confer  with  the  president  on  the  subject  of  the  no 
mination,  and  report  thereon. 

In  answer  to  a  note  of  the  chairman  of  the  committee,  com 
municating  a  transcript  of  the  resolution  of  the  senate,  and  in 
quiring  when  it  would  be  convenient  for  the  president  to  re 
ceive  the  committee,  Mr.  Madison  appointed  next  day  at  11 
o'clock.  Being  prevented,  however,  by  a  severe  indisposition 
from  seeing  them,  on  the  23d  the  secretary  of  state  wrote  the 
following  letter  to  the  committee. 

Gentlemen,  Department  of  State,  June  23<f,  1813. 

The  indisposition  of  the  president  continuing,  I  am  instructed 
by  him  to  express  to  you  his  great  regret  at  the  delay  to  which 
it  has  already  subjected  the  proceedings  of  the  senate  on  the 
nomination  of  the  minister  plenipotentiary  from  the  United 
States  to  Sweden.  To  prevent  any  further  delay  from  that 
cause,  he  has  authorized  me  to  confer  with  you  on  that  subject, 
and  to  communicate  to  you  any  information  which  you  may  be 
desirous  of  obtaining  from  the  executive  relating  to  it. 

I  will  have  the  honour  to  meet  you,  for  this  purpose,  at  such 
place  and  hour  as  you  will  have  the  goodness  to  appoint. 


i 


§6.]  PROCEEDINGS  OF  CONGRESS.  145 

I  have  the  honour  to  remain,  gentlemen,  very  respectfully, 
your  obedient  humble  servant, 

JAMES  MONROE. 

The  Hon.  Messrs.  Wells,  Giles,  and  King. 

Answer  from  the  Chairman  of  the  Committee. 
Sir,  Committee  Room,  24th  June,  1813. 

The  committee  of  the  senate  appointed  to  confer  respectfully 
with  the  president  of  the  United  States  on  the  nomination  made 
by  him  of  a  minister  plenipotentiary  to  Sweden,  have  had  the 
honour  this  morning  to  receive  your  letter  of  yesterday. 

The  committee  heard  with  real  concern  of  the  continued  in 
disposition  of  the  president ;  but  as  they  presume  that  there  are 
connected  with  this  nomination  no  considerations  of  so  urgent  a 
nature  as  to  require  an  immediate  decision  upon  it,  they  will 
wait  with  pleasure  for  the  conference  they  have  been  ordered  by 
the  senate  to  request  of  the  president,  until  the  restoration  of 
his  health  takes  place. 

I  have  the  honour,  sir,  to  be,  with  the  highest  consideration, 
your  very  obedient  servant, 

WM.  HILL  WELLS, 

Chairman  of  the  committee  of  the  senate  on  Mr.  RusselPs 
nomination. 

On  the  6th  of  July  the  following  message  was  received  from 
the  president. 

To  the  Senate  of  the  United  States. 

I  have  received  from  the  committee  appointed  by  the  resolu 
tion  of  the  senate  of  the  14th  day  of  June,  a  copy  of  that  reso 
lution,  which  authorizes  the  committee  to  confer  with  the  presi 
dent  on  the  subject  of  the  nomination  made  by  him  of  a  minister 
plenipotentiary  to  Sweden. 

Conceiving  it  to  be  my  duty  to  decline  the  proposed  conference 
with  the  committee,  and  it  being  uncertain  when  it  may  be  con 
venient  to  explain  to  the  committee,  and  through  them  to  the 
senate,  the  grounds  of  my  so  doing,  I  think  it  proper  to  addrt  ss 
the  explanation  directly  to  the  senate.  Without  entering  into 
a  general  review  of  the  relations  in  which  the  constitution  has 
placed  the  several  departments  of  the  government  to  each  other, 
it  will  suffice  to  remark,  that  the  executive  and  senate,  in  the 
cases  of  appointments  to  office  and  of  treaties,  are  to  be  consi 
dered  independent  and  co-ordinate  with  each  other.  If  they 
agree,  the  appointments  or  treaties  are  made.  If  the  senate 
disagree,  they  fail.  If  the  senate  wish  information  previous  to 
their  final  decision,  the  practice,  keeping  in  view  the  constitu- 

VOL.  I.  *   X 


146  HISTORICAL  REGISTER.  [CHAP.  v. 

tional  relation  of  the  senate  and  executive,  has  been,  either  to 
request  the  executive  to  furnish  it,  or  refer  the  subject  to  a  com 
mittee  of  their  body  to  communicate,  either  formally  or  infor 
mally,  with  the  head  of  the  proper  department.  The  appoint 
ment  of  a  committee  of  the  senate  to  confer  immediately  with 
the  executive  himself,  appears  to  lose  sight  of  the  co-ordinate 
relation  between  the  executive  and  the  senate,  which  the  con 
stitution  has  established,  and  which  ought  therefore  to  be  main 
tained. 

The  relation  between  the  senate  and  house  of  representatives, 
in  whom  legislative  power  is  concurrently  vested,  is  sufficiently 
analogous  to  illustrate  that  between  the  executive  and  senate  in 
making  appointments  and  treaties.  The  two  houses  are,  in  like 
manner,  independent  of  and  co-ordinate  with  each  other;  and 
the  invariable  practice  of  each,  in  appointing  committees  of  con 
ference  and  consultation,  is  to  commission  them  to  confer,  not 
with  the  co-ordinate  body  itself,  but  with  a  committee  of  that 
body.  And  although  both  branches  of  the  legislature  may  be 
too  numerous  to  hold  conveniently  a  conference  with  commit 
tees,  were  they  to  be  appointed  by  either  to  confer  with  the  en 
tire  body  of  the  other,  it  may  be  fairly  presumed,  that  if  the 
whole  number  of  either  branch  were  not  too  large  for  the  pur 
pose,  the  objection  to  such  a  conference,  being  against  the 
principle,  as  derogatory  from  the  co-ordinate  relations  of  the 
two  houses,  would  retain  all  its  force. 

I  add  only  that  I  am  entirely  persuaded  of  the  purity  of  the 
intentions  of  the  senate,  in  the  course  they  have  pursued  on  this 
occasion,  and  with  which  my  view  of  the  subject  makes  it  my 
duty  not  to  accord :  and  that  they  will  be  cheerfully  furnished 
with  all  the  suitable  information  in  possession  of  the  executive, 
in  any  mode  deemed  consistent  with  the  principles  of  the  con 
stitution  and  the  settled  practice  under  it. 

Washington,  July  6,  1813.  JAMES  MADISON. 

On  the  9th,  the  senate,  yeas  22,  nays  14,  resolved,  that  it  is 
inexpedient  at  this  time  to  send  a  minister  plenipotentiary  to 
Sweden ;  and  the  secretary  was  ordered  to  lay  the  resolution 
before  the  president  of  the  United  States. 

As  executive  business  is  transacted  in  the  senate  with  closed 
doors,  we  are  not  in  possession  of  any  debates  on  this  question. 
Mr.  Giles,  however,  one  of  the  senators  from  Virginia,  in  an 
address  to  his  constituents  lately  published,  states,  that  the 
senate,  from  the  want  of  definite  information  on  the  subject, 
were  not  able  to  comprehend  with  sufficient  certainty  the  real 
policy  or  object  of  the  nomination.  That  if  the  object  was  of  a 
temporary  character,  and  consisted  in  the  policy  of  soliciting  the 


J7.]  PROCEEDINGS  OF  CONGRESS.  147 

interposition  of  Sweden  as  auxiliary  to  the  mediation  of  Russia, 
for  the  purpose  of  obtaining  peace  with  Great  Britain,  which 
was  seriously  apprehended,  he  could  not  reconcile  it  with  his 
duty  to  advise  an  appointment,  which  in  his  view,  would  rather 
have  a  tendency  to  prolong  the  war,  than  to  accelerate  a  peace, 
by  betraying  an  unbecoming  solicitude  for  that  event.  Would 
not  this,  Mr.  Giles  asks,  rather  induce  Great  Britain  to  con 
clude  that  the  United  States  were  labouring  under  some  un 
known  incapacity  to  carry  on  the  war,  and  thus  encourage  her 
to  prolong  it,  for  the  purpose  of  developing  these  embarrass 
ments,  and  with  the  hope  of  finally  reducing  us  to  submission  ? 
If  nothing  of  this  kind  was  intended,  the  nomination  of  a 
minister  plenipotentiary  appeared  to  indicate  a  general  change 
upon  a  point  of  policy  hitherto  held  sacred  by  government,  to 
wit,  not  to  extend  political  connexions  in  Europe,  nor  multiply 
diplomatic  agencies  there,  especially  with  the  minor  powers. 
The  resolution  of  the  senate,  Mr.  Giles  adds,  was  not  intended 
to  preclude  the  president  from  nominating  Mr.  Russell  or  any 
other  person  as  a  minister  resident  to  Sweden,  corresponding 
with  the  one  sent  here  on  her  part.  Had  this  been  done,  says 
he,  although  its  utility  in  some  respects  might  have  been  ques 
tioned,  I  do  not  believe  there  would  have  been  in  the  senate 
one  solitary  objection  to  the  measure,  nor  to  Mr.  Russell  as  the 
person  nominated. 

Another  measure  recommended  by  the  president  was  frus 
trated  by  the  senate  this  session : 

§  7.  On  the  20th  of  July,  the  following  confidential  message 
was  received  from  the  president  by  both  houses,  which  was  read 
with  closed  doors. 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 
There  being  sufficient  ground  to  infer  that  it  is  the  purpose 
of  the  enemy  to  combine,  with  the  blockade  of  our  ports,  special 
licenses  to  neutral  vessels,  or  to  British  vessels  in  neutral  dis 
guises,  whereby  they  may  draw  from  our  country  the  precise 
kind  and  quantity  of  exports  essential  to  their  wants,  whilst  its 
general  commerce  remains  obstructed;  keeping  in  view  also  the 
insidious  discrimination  between  different  ports  of  the  United 
States  ;  and  as  such  a  system,  if  not  counteracted,  will  have  the 
effect  of  diminishing  very  materially  the  pressure  of  the  war  on 
the  enemy,  and  encouraging  a  perseverance  in  it,  at  the  same 
time  that  it  will  leave  the  general  commerce  of  the  United 
States  under  all  the  pressure  the  enemy  can  impose,  thus  sub 
jecting  the  whole  to  British  regulation,  in  subserviency  to  Bri 
tish  monopoly — I  recommend  to  the  consideration  of  congress 
the  expediency  of  an  immediate  and  effectual  prohibition  of  ex- 


148  HISTORICAL  REGISTER.          [CHAP.  v. 

ports,  limited  to  a  convenient  day  in  their  next  session,  and  re 
movable  in  the  mean  time,  in  the  event  of  a  cessation  of  the 
blockade  of  our  ports. 

Washington,  July  2O,  1813.  JAMES  MADISON. 

In  the  house  of  representatives  the  message  was  referred  to 
the  committee  of  foreign  relations,  who,  the  following  day,  re 
ported  that  they  were  "  of  opinion  that  it  would  be  expedient  to 
adopt  the  measure  submitted  by 'the  message  to  the  considera 
tion  of  the  house."  The  house  concurred  in  this  report,  yeas 
78,  nays  51,  and  it  was  then  referred  to  a  select  committee,  with 
instruction  to  report  a  bill  in  conformity  thereto. 

On  the22d,  Mr.  Grundy,  from  the  select  committee,  report 
ed  a  bill  laying  an  embargo  on  all  ships  and  vessels  in  the  ports 
and  harbours  of  the  United  States  which  the  same  day  passed 
by  yeas  and  nays,  veas  80,  nays  50. 

The  following  day  the  bill  was  sent  to  the  senate  for  concur 
rence,  and  after  considerable  discussion  was  finally  negatived  on 
the  28th,  16  voting  for  the  passage  of  the  bill,  and  18  against  it. 

§  8.  On  the  29th  of  June  Mr.  Pickering,  in  the  house  of  re 
presentatives,  presented  a  remonstrance  from  the  legislature  of 
Massachusetts  on  the  subject  of  our  foreign  relations.  This 
remonstrance,  after  taking  ua  review  of  the  alleged  causes  of 
the  war  against  Great  Britain,  and  more  particularly  the  pre 
tences  for  its  continuance,  after  the  principal  one  was  removed," 
concludes  that  the  declaration  of  war  was  premature,  and  that 
the  perseverance  in  it  after  the  repeal  of  the  orders  in  council 
was  known  "was  improper,  impolitic,  and  unjust."  They  there 
fore  most  earnestly  request,  "  that  measures  may  immediately 
be  adopted  to  stay  the  sword  of  the  destroyer,  and  prevent  the 
further  effusion  of  human  blood  ;  that  our  invading  armies  may 
be  forthwith  recalled  within  our  own  territories  ;  and  that  every 
effort  of  our  rulers  mavbe  speedily  directed  to  the  attainment  of 
a  just  and  honourable  peace ;  that  mutual  confidence  and  com 
mercial  prosperity  may  be  again  restored  to  our  distracted  and 
suffering  country  ;  and  that  by  an  upright  and  faithful  adminis 
tration  of  our  government,  in  the  true  spirit  of  the  constitution, 
its  blessings  may  be  equally  diffused  to  every  portion  of  the 
union." 

The  remonstrance  likewise  adverts  to  the  admission  of  Loui 
siana  into  the  union,  a  country  beyond  the  territorial  limits  of 
the  United  States  at  the  time  of  the  formation  of  the  national 
compact.  ^  Against  a  practice,"  say  the  memorialists,  u  so  hos 
tile  to  the  rights,  the  interests,  the  safety  of  this  state,  and  so 
destructive  to  her  political  power;  so  subversive  of  the  spirit  of 
the  constitution,  and  the  very  principles  upon  which  it  is  found- 


i  9,  10.]      PROCEEDINGS  OF  CONGRESS.  149 

ed :  your  remonstrants,  in  the  name  and  behalf  of  the  common 
wealth  of  Massachusetts,  feel  it  their  duty  to  enter  ttu  ir  most 
deliberate  and  solemn  protest." 

After  the  reading  of  the  memorial,  Mr.  Pickering  moved 
that  it  be  referred  to  a  committee  of  the  whok  on  the  state  of 
the  union. 

}  9.  Mr.  Robertson,  of  Louisiana,  moved  to  except  from  the 
general  reference  so  much  of  the  memorial  as  relates  to  the  ad 
mission  of  Louisiana  into  the  union,  on  the  ground  that  con 
gress  had  no  right  to  make  the  sovereignty  of  anv  state  a  subject 
of  enquiry.  Louisiana  having  been  solemnly  and  legally  admitted 
into  the  union,  her  rights  could  not  be  questioned  by  congress. 

Mr.  Fisk  (of  New  York)  having  moved  th^t  the  petition  lie 
on  the  table,  on  the  ground  that  it  would  be  improper,  if  not  im 
possible,  for  congress  to  legislate  on  any  part  of  it,  Mr.  Pick 
ering  waved  his  motion  for  reference,  having  no  objection  that 
for  the  present  it  should  lie  on  the  table. 

Mr.  Bigelow  moved  that  the  remonstrance  be  printed.  This 
motion  was  advocated  by  Mr.  Rhea  and  Mr.  Farrow,  because 
they  had  not  been  able  to  hear  the  paper  read;  by  Mr.  Macon, 
on  the  ground  that  Massachusetts  was  entitled  to  be  heard;  by 
Mr.  Brigharn  and  Mr.  Baylies,  because  respect  was  due  to  the 
source  from  which  it  came;  by  Mr.  Montgomery,  Mr.  Inger- 
soll,  Mr.  Fisk,  of  Vermont",  and  Mr.  Calhoun,  because  it  was 
high  time  that  the  memorial  and  all  such  papers  should  be  met 
with  reason  and  argument  on  the  floor  of  congress,  and  that 
their  fallacies  should  be  exposed. 

Mr.  Robertson  moved  to  except  from  printing  that  part  re 
lative  to  Louisiana,  for  the  same  reasons  that  he  had  opposed 
its  reference. 

Mr.  Fisk  (New  York)  opposed  the  priming,  because  no  le 
gislative  act  could  grow  out  of  it;  Mr.  Wright,  Mr.  Farrow, 
and  Mr.  Bibb,  because  it  was  unnecessary. 

The  motion  to  except  from  printing  that  part  of  the  memo 
rial  relative  to  Louisiana  was  negatived,  and  the  whole  was  or 
dered  to  be  printed,  ayes  108. 

The  memorial,  together  with  a  protest  of  the  minority  of  the 
legislature  of  Massachusetts,  will  be  found  among  the  docu 
ments  of  this  session,  near  the  end  of  the  volume. 

§  10.  On  the  15th  of  June,  at  the  instance  of  Mr.  Pitkin,  a 
resolution  was  referred  to  the  committee  on  military  affairs,  di 
recting  them  to  inquire  whether  any,  and  if  any  what  altera 
tions  are  necessary  in  the  act,  entitled  "  an  act  making  provi 
sion  for  arming  and  equipping^the  whole  body  of  the  militia  of 
the  United  States ;"  and  particularly  as  to  the  time  when  the 


150 


HISTORICAL  REGISTER. 


[CHAP.  v. 


arms  procured  by  virtue  of  this  act  shall  be  distributed  to  each 
state  and  territory. 

This  act,  which  was  passed  on  the  23d  of  April,  1808,  appro 
priates  $  200,000  annually  for  the  purpose  of  providing  arms 
and  military  equipments  for  the  whole  bodv  of  the  militia  of  the 
United  States,  and  provides  that  all  the  arms  procure  d  in  virtue 
of  this  act  shall  be  transmitted  to  the  several  states  and  territo 
ries  composing  the  union,  in  proportion  to  the  number  of  the  ef 
fective  militia  in  each  state  and  territory,  to  be  distributed  to  the 
militia  under  the  direction  of  the  several  legislatures. 

On  the  8th  of  July  the  committee  reported  that  the  funds  ap 
propriated  by  the  act  of  the  23d  of  April  for  arming  the  whole 
body  of  the  militia,  amounted  on  the  23d  day  of  April  last,  to 
one  million  of  dollars;  that  of  this  sum  94,792  dollars  had  been 
actually  expended,  and  that  the  whole  number  of  arms  procured 
up  to  this  day  amounted  to  34,477  stands,  all  derived  under 
contracts  of  supply  ;  and  that  of  these  the  following  disposition 
had  been  made,  viz. 

Before  the  24th  of  December,  1812. 

New  Hampshire  100O 

Vermont  2500 

Rhode  Island  1000 

New  Jersey  1000 

Delaware  5OO 

North  Carolina  21 3O 

South  Carolina  200O 

Georgia  100O 

Ohio  1500 

Kentucky  150O 

Tennessee  150O 

Illinois  territory  150O 

Indiana  territory  

Louisiana  25O 

Since  the  24th  of  December,  1812. 
Connecticut  200O 

New  York  2000 

Maryland  150O 

Louisiana  150O 

Ohio  1500 

District  of  Columbia  2200 

Making  an  aggregate  of  26,000  stands  delivered,  and  leaving 
a  balance  of  8,477  stands  subject  to  future  distribution. 

It  had  been  suggested  by  some  of  the  members,  that  each 
transmission  or  distribution  of  arms  should  be  in  the  proper- 


§  11.]          PROCEEDINGS  OF  CONGRESS.  151 

tions  pointed  out  by  the  law,  and  that*  no  discretion  was  left 
with  the  executive  as  to  furnishing  them  first  to  those  states 
that  were  most  exposed  and  worst  provided.  The  committee, 
however,  expressed  a  different  opinion.  They  contended,  that 
if  it  had  been  the  intention  of  the  legislature  to  bind  the  exe 
cutive  to  a  simultaneous  or  periodical  transmission,  the  language 
of  the  law  would  have  been,  a shall  be  transmitted  at  the  same 
time,"  or  "shall  be  transmitted  biennially  or  triennially."  The 
committee  likewise  reported  that  in  their  opinion  no  alteration 
in  the  law  was  requisite.  That  if  a  periodical  and  simultaneous 
distribution  were  ordered,  it  might  happen  that  within  the  limit 
ed  period  so  few  arms  might  be  received,  that  the  expense  of 
distribution  might  exceed  that  of  their  manufacture  ;  that  in 
small  numbers  they  might  be  lost  in  transmission,  or  would 
be  suffered  by  the  states  to  lie  neglected  and  forgotten;  and  that 
it  appeared  to  them  that  the  executive  had  pursued  the  wisest 
course,  by  distributing  them,  at  first,  according  to  the  wants,  the 
frontier  position,  and  the  actual  exposure  of  the  states. 

}  11.  On  the  10th  of  July,  Mr.  J.  G.  Jackson,  in  the  house  of 
representatives,  presented  a  resolution  proposing  amendments 
to  the  constitution.  Mr.  Jackson  said  that  he  presented  this  re 
solution,  not  with  a  view  to  ask  a  decision  on  any  question  in 
volved  in  its  scope  during  the  present  session ;  but  in  order  that 
at  the  commencement  of  the  next  session  it  might  be  taken  up, 
and,  if  sanctioned  by  congress,  be  presented  to  the  state  legisla 
tures  in  time  to  be  acted  on  at  their  winter  sessions;  so  that  the 
nation  might  possess  the  benefits  it  contemplated  as  soon  as  prac 
ticable.  In  the  mean  time,  the  members  of  congress  and  the 
states  can  deliberate  on  the  subject,  and  be  prepared  then  to  pro 
nounce  their  decision.  The  first  amendment  proposes  to  autho 
rize  congress  to  lay  a  tax  on  exports — a  power  indispensable  to 
counteract  the  measures  of  foreign  nations  who  tax  their  exports 
to  this  country,  and  collect  from  that  source  a  large  revenue 
annually,  which  falls  upon  the  consumer,  and  consequently  is  a 
tax  on  the  United  States.  The  other  three  amendments  pro 
pose  authorising  congress  to  make  roads  and  canals,  and  to  es 
tablish  a  national  bank — the  first  of  which  was  linked  with  the 
internal  prosperity  of  the  country,  and  the  last  almost  indispen 
sable  to  a  due  execution  of  the  fiscal  concerns  of  the  nation.  I 
am  aware,  said  Mr.  Jackson,  that  many  persons  in  the  nation 
believe  that  congress  are  already  clothed  with  these  powers ; 
but  it  is  equally  true  that  a  great  portion  also  deny  the  autho 
rity,  whilst  almost  all,  I  believe,  agree  that  it  is  proper  and  ne 
cessary  to  possess  it.  It  is  therefore  the  dictate  of  sound  reason 
to  reconcile  these  opinions  by  the  express  grant,  in  preference 


152  HISTORICAL  REGISTER.  [CHAP.  v. 

to  resorting  to  construction  and  implication,  which  are  always 
dangerous,  and  mav  be  rendered  wholly  unnecessary. 
Mr.  Jackson  then  read  the  following  resolution: 
Resolved,  by  the  senate  and  house  of  representatives  of  the 
United  States  of  America  in  congress  assembled,  two  thirds  of 
both  houses  concurring,  that  the  following  articles  be  proposed 
as  amendments  to  the  constitution  of  the  United  States,  each 
of  which,  when  ratified  by  three  fourths  of  the  said  legislatures, 
shall  be  valid  to  all  intents  and  purposes,  as  part  of  the  said  con 
stitution. 

1.  Congress  shall  have  a  power  to  lay  a  tax  or  duty  on  arti 
cles  exported  from  any  state. 

2.  Congress  shall  have  power  to  make  roads  in  any  state, 
with  the  consent  of  the  state  within  which  the  same  shall  be 
made. 

3.  Congress  shall  have  power  to  make  canals  in  any  state, 
with  the  consent  of  the  state  within  which  the  same  shall  be 
made. 

4.  Congress  shall  have  power  to  establish  a  national  bank, 
with  branches  thereof,  in  any  state  or  territory  of  the  United 
States. 

Mr.  Jackson  said  it  was  his  intention  to  limit  the  law  for  tax 
ing  exports  to  an  ad  valorem  duty  on  all  articles  exported,  but 
he  thought  it  best  to  present  the  simple  proposition,  without  de 
tails,  which  may  be  supplied  hereafter . 

7'he  resolution  was  ordered  to  lie  on  the  table. 

§  12.  In  each  of  the  two  last  sessions  of  congress  a  bill  had 
been  pass,  d  by  the  house  of  representatives,  making  provision 
for  the  naturalization  of  British  subjects  who  had  settled  here 
before  the  war  with  the  intention  of  becoming  citizens.  The 
first  of  those  bills  had  been  rejected  by  the  president,  the  second 
b)  the  senate.  The  subject  was  again  taken  up  this  session,  and. 
a  bill  finally  enacted  into  a  law  on  the  30th  of  July.  This  law 
provides  that  persons  resident  in  the  United  States  at  the  time 
of  the  declaration  of  war,  who  had  before  that  period  made  a 
declaration  according  to  law7,  of  their  intention  to  become  citi 
zens  of  the  United  States,  or  who  by  the  existing  laws  were  enti 
tled  to  be  come  citizens  at  that  period  without  making  such  de 
claration,  may  be  naturalized,  notwithstanding  they  may  be  alien 
enemies.  Nothing  in  this  law,  however  is  to  be  construed  so 
as  to  prevent  the  apprehension  and  removal  agreeably  to  law, 
of  any  alien  enemy,  previous  to  his  naturalization. 

§13.  A  bill  had  likewise  passed  the  house  of  representatives 
last  session,  which  had  failed  in  the  senate,  for  prohibiting  the 
use  of  licenses  from  the  government  of  Great  Britain  by  Ame- 


§  14, 15.]     PROCEEDINGS  OF  CONGRESS.  153 

rican  vessels.  The  proclamation  of  the  governor  of  Bermuda^ 
however  (see  Congressional  Documents),  presented  the  subject 
in  a  more  striking  light,  and  a  law  was  passed,  which  enacts  that 
any  person  concerned  in  obtaining  or  using,  granting  or  selling 
such  licences,  shall,  upon  conviction,  for  every  such  offence,  for 
feit  a  sum  equal  to  twice  the  value  of  vessel  and  cargo,  and 
moreover  be  adjudged  guilty  of  a  misdemeanour,  and  be  fined  in 
a  sum  not  exceeding  five  nor  less  than  one  thousand  dollars.  A 
ship  found  in  the  waters  of  the  United  States  having  such  li 
cence,  is  also  declared  forfeited  with  her  cargo,  one  half  to  the 
United  States,  the  other  to  the  informer,  after  the  duties  are  paid 
out  of  the  proceeds  of  the  sale  of  the  cargo.  The  public  and 
private  armed  vessels  of  the  United  States  are  likewise  autho 
rized  and  instructed  by  the  act  to  send  in  as  prizes  all  vessels 
having  such  licences.  The  act  is  to  be  enforced  as  to  all  Ame 
rican  vessels  clearing  from  any  port  in  the  United  States  after 
the  promulgation  of  the  act  at  the  port  of  clearance ;  to  all  Ame 
rican  vessels  in  Europe,  in  the  Mediterranean,  or  the  western 
coast  of  Africa,  after  the  first  of  November,  1813  ;  and  in  any 
port  east  of  the  Cape  of  Good  Hope  after  the  first  of  Janu 
ary,  1814.  Exceptions  are  made  in  case  of  unavoidable  acci 
dents,  &c. 

§  14.  A  memorial  was  presented  to  congress  by  Stephen  Gi- 
rard  and  others,  owners  of  certain  ships  which  had  been  seized  in 
the  Delaware  for  a  breach  of  the  non-intercourse  law.  It  ap 
pears  that  those  ships  had  sailed  from  Great  Britain  for  Amelia 
island,  in  East  Florida,  with  cargoes,  the  entrance  of  which  into 
the  United  States  was  prohibited  by  law.  These  vessels  were 
lying  in  one  of  the  ports  of  that  island,  when  it  was  taken  pos 
session  of  by  general  Matthews,  under  a  pretended  authority  of 
the  government  of  the  United  States. 

§15.  From  the  documents  that  were  published  at  the  time 
this  extraordinary  transaction  took  place,  it  appears,  that  general 
Matthews  and  colonel  John  McKee  were  appointed  commis 
sioners  for  carrying  into  effect  certain  provisions  of  an  act  of 
congress  relative  to  the  Floridas. 

The  right  to  a  part  of  these  provinces  had  been  a  subject  of 
negociation  for  a  considerable  period  between  Spain  and  the 
United  States,  and  it  is  understood  that  the  cession  of  the  re 
mainder  was  expected  to  take  place,  as  indemnities  for  certain 
spoliations  by  Spain  on  the  commerce  of  the  United  States. 
The  revolutions  that  were  taking  place  in  Spanish  America  ren 
dered  the  retaining  possession  of  the  Floridas  by  the  Spanish 
government  very  precarious,  and  the  claims  of  the  United 
States,  though  they  did  not  consider  them  as  authorizing  the 
VOL.  i.  Y 


154  HISTORICAL  REGISTER.       [CHA*.  v. 

taking  the  country  from  the  existing  government,  rendered  them 
unwilling  to  let  it  pass  into  other  hands.  A  law  was  therefore 
passed,  authorizing  the  president  to  take  possession,  in  case  of 
the  inability  of  the  existing  government  to  hold  the  country. 

The  commissioners  were  instructed  by  the  department  of 
state,  in  case  they  should  discover  an  inclination  in  the  governor 
of  either  of  the  Fioridas,  or  in  the  local  authorities  existing 
there,  to  surrender  those  provinces  into  the  possession  of  the 
United  States,  to  accept  such  surrender,  and,  if  required,  to  sti 
pulate  for  the  re- deli  very  of  it,  at  a  future  period,  to  the  lawful 
sovereign.  The  commissioners  were  further  instructed,  in  case 
of  the  actual  appearance  of  any  attempt  by  a  foreign  power  to 
take  possession  of  the  provinces,  to  take  immediate  effective 
measures  for  their  occupation  by  the  troops  of  the  United  States, 
and  for  the  exclusion  of  the  foreign  force. 

Without,  however,  either  of  those  contingencies  taking  place, 
general  Matthews  took  possession  of  Amelia  island  and  several 
other  parts  of  East  Florida.  As  soon  as  the  government  of  the 
United  States  received  intelligence  of  this  transaction,  the  ge 
neral  was  superseded,  and  governor  Mitchell,  of  Georgia,  ap 
pointed  in  his  place,  with  instructions  immediately  to  restore 
the  country  to  the  Spanish  authorities. 

Meanwhile  Matthews  had  established  a  local  government  in 
Amelia  island,  to  whom  the  agents  of  the  petitioners,  deeming 
their  situation  insecure,  applied  for  permission  to  proceed  to 
Philadelphia  with  the  property r  under  such  conditions  and  re 
strictions  as  might  secure  it  from  the  penalties  and  forfeitures, 
to  which,  by  the  then  existing  laws,  it  would  be  exposed  if  im 
ported  into  the  United  States.  This  request  was  granted,  general 
Matthews  considering,  as  he  himself  expressed  it,  "  that  the 
vessels  and  cargoes  were  already  under  the  protection  of  the 
flag  of  the  United  States,  and  within  the  waters  o£  an  integral 
part  of  our  common  country,"  and  that  they  would  not  therefore 
be  subjected,  by  going  to  Philadelphia,  to  the  prohibitions  of  the 
non-importation  law.  He  directed  that  the  vessels  and  cargoes 
should  be  delivered  in  charge  to  the  collector  of  Philadelphia, 
and  should  so  remain  until  the  determination  of  the  government 
respecting  them  should  be  known,  and  took  bonds  for  the  per 
formance  of  this  condition. 

On  the  arrival  of  those  vessels  in  the  river  Delaware,  on  their 
way  to  Philadelphia,  they  were  seized  by  the  collector  of  the 
district  of  Delaware. 

The  grounds  on  which  the  memorialists  asked  for  relief  were, 
that  the  lading  of  the  merchandize  on  board  their  ships,  in  the 


§  16.]          PROCEEDINGS  OF  CONGRESS.  155 

first  instance,  was  without  any  intention  to  violate  the  provisions 
of  the  non- importation  act,  as  it  was  not  their  intention  that  it 
should  at  any  time  enter  the  United  States  in  contravention  of 
the  laws  ;  that  their  property  was  withdrawn  from  England  in 
the  apprehension  of  its  insecurity  there  from  an  approaching 
state  of  war  j  and  that  it  was  placed  in  a  situation  recommended 
by  its  supposed  safety,  and  by  its  proximity  to  the  United 
States,  to  await  the  time  when  it  might,  by  an  expected  act  of 
the  government,  be  made  lawful  to  introduce  it  into  the  United 
States.  That  the  importation,  when  actually  made,  was  sup 
posed  not  to  be  illegal.  The  powers  which  general  Matthews 
assumed  to  possess  at  Amelia  island  could  not,  from  the  nature 
of  the  case,  be  investigated  by  the  agents  of  the  memorialists. 
He  pretended  to  have  authority  for  what  he  did  ;  and  exterior 
circumstances  justified  a  belief  that  his  acts  were  directed  and 
would  be  sanctioned  by  the  government.  The  vessels  and  their 
cargoes,  on  their  arrival  in  Philadelphia,  were  to  be  put  in  pos 
session  of  the  collector  of  the  customs,  and  no  intention  of  a 
clandestine  or  fraudulent  introduction  of  any  part  of  the  mer 
chandize  was  entertained  in  the  remotest  manner  by  the  memo 
rialists. 

In  consideration  of  these  circumstances,  an  act  was  passed 
admitting  the  vessels  to  entry,  and  remitting  the  fines  and  forfei 
tures,  upon  the  same  conditions  as  the  vessels  which  had  arrived 
from  Great  Britain  after  the  revocation  of  the  orders  in  council. 

§  16.  Several  acts  were  passed  during  the  session  making 
further  provision  for  the  defence  of  the  country.  The  president 
was  authorized  to  enlist  five  of  the  twelve  months'  regiments  to 
serve  during  the  war ;  their  service  to  be  limited  to  the  sea 
board  of  the  United  States,  and  to  be  placed  in  every  respect  on 
the  same  footing  as  other  regular  troops.  The  president  was  also 
authorized,  whenever  it  should  be  deemed  necessary  for  the  de 
fence  and  security  of  any  of  the  ports  and  harbours  of  the  United 
States,  to  hire  or  purchase  hulks  or  other  means  of  impediment 
to  the  entrance  of  hostile  ships,  to  be  sunk  in  the  harbours,  with 
the  consent  of  the  respective  state  authority,  and  to  be  raised  on 
the  removal  of  danger.  Such  a  number  of  barges  as  the  presi 
dent  might  think  necessary,  were  also  authorized  to  be  built,  of 
a  size  not  less  than  forty-five  feet  long,  and  capable  of  carrying 
heavy  guns,  to  be  armed,  equipped,  and  manned  as  the  president 
should  direct.  A  corps  of  sea  fencibles  was  also  authorized,  to 
consist  of  not  more  than  ten  companies,  who  may  be  employed 
as  well  on  land  as  on  water,  for  the  defence  of  our  ports  and 
harbours,  each  company  to  consist  of  a  captain,  a  first,  second, 


156  HISTORICAL  REGISTER.        [CHAP.  v. 

and  third  lieutenant,  a  boatswain,  six  gunners,  six  quarter  gun 
ners,  and  ninety  men.  These  sea  fencibles  are  to  be  in  every 
respect  on  the  same  footing  as  the  officers  and  men  of  the  naval 
establishment.  Their  term  of  enlistment  is  not  to  exceed 
twelve  months  ;  the  act  to  continue  in  force  to  the  end  of  the 
war.  For  the  protection  of  the  western  frontier,  the  act  autho 
rizing  the  raising  of  rangers  was  continued  in  force  for  another 
year.  An  act  was  also  passed  authorizing  the  appointment  of 
an  additional  number  of  deputy  commissaries  of  ordnance,  not 
exceeding  five. 

§17.  An  act  was  also  passed  grafting  half  pay  for  five  years 
to  the  widows  or  orphans  of  commissioned  officers  in  the  militia 
or  volunteer  corps  who  should  die  by  reason  of  any  wound  re 
ceived  in  the  actual  service  of  the  United  States ;  this  act  like 
wise  provides  that  the  officers  and  soldiers  of  the  militia  and  vo 
lunteers  who  may  be  disabled  in  actual  service  shall  be  placed 
on  the  list  of  invalid  pensioners.  The  pension  to  be  proportion 
ed  to  their  rank,  and  the  degree  of  disability. 

§  18.  Twenty-five  thousand  dollars  were  appropriated  as 
prize-money  to  the  officers  and  crew  of  the  Hornet,  for  the  de 
struction  of  the  Peacock  ;  and  twelve  thousand  to  lieutenant 
Elliott  and  his  companions,  for  the  destruction  of  the  Detroit 
on  lake  Erie. 

§  19.  As  an  encouragement  to  privateers,  an  act  was  passed 
allowing  a  deduction  of  thirty-three  and  a  third  per  cent. 
on  the  duties  on  prize  goods.  A  bounty  of  twenty- five  dol 
lars  was  likewise  authorized  to  be  paid  them  for  every  pri 
soner  captured  and  delivered  to  an  agent  in  the  United  States. 

§  20.  Two  acts  were  passed  this  session  for  the  regulation 
and  encouragement  of  the  fisheries.  The  first  act  provides, 
that  the  master  or  skipper  of  any  vessel  of  the  burthen  of  twenty 
tons  or  upwards,  qualified  according  to  law  for  carrying  on  the 
bank  and  other  cod  fisheries,  bound  from  a  port  of  the  United 
States  to  be  employed  in  such  fishery,  at  sea,  shall,  before  pro 
ceeding  on  such  fishing  voyage,  make  an  agreement  in  writing 
or  print  with  every  fisherman  who  may  be  employed  therein 
(except  apprentices  or  servants) ;  and,  in  addition  to  such  terms 
of  shipment  as  may  be  agreed  on,  shall  in  such  agreement  express 
whether  the  same  is  to  continue  for  one  voyage  or  for  the  fishing 
season,  and  shall  also  express  that  the  fish  or  the  proceeds  of  such 
fishing  voyage  or  voyages  which  may  appertain  to  the  fishermen, 
shall  be  divided  among  them  in  proportion  to  the  quantities  or 
number  of  said  fish  which  they  may  respectively  have  caught ; 
which  agreement  shall  be  endorsed  or  countersigned  by  the 
owner  of  such  vessel  or  his  agent.  And  if  any  fisherman,  hav- 


§21.]        PROCEEDINGS  OF  CONGRESS.  1ST 

ing  engaged  himself  for  a  voyage  or  for  the  fishing  season,  in  any 
fishing  vessel,  and  signed  an  agreement  therefor  as  aforesaid, 
shall,  while  such  agreement  remains  in  force,  desert  or  absent 
himself  from  such  vessel  without  leave  of  the  master  or  skipper, 
such  deserter  shall  be  liable  to  the  same  penalties  as  deserting 
seamen  or  mariners  are  subject  to  in  the  merchant  service,  and 
may  in  like  manner  be  apprehended  and  detained;  and  all  costs 
of  process  and  commitment,  if  paid  by  the  master  or  owner,  shall 
be  deducted  out  of  the  share  of  fish,  or  proceeds,  to  which  such 
deserter  had  become  entitled.  And  any  fisherman,  who  shall 
during  such  fishing  voyage  refuse  or  neglect  his  proper  duty  on 
board  the  fishing  vessel,  besides  being  answerable  for  all  dam 
ages  arising  thereby,  shall  forfeit  to  the  use  of  the  owner  of  such 
vessel  his  share  of  any  public  allowance  which  may  be  paid  upon 
such  voyage.  Where  an  agreement  or  contract  shall  be  so  made 
and  signed  for  a  fishing  voyage  or  for  the  fishing  season,  and 
any  fish  which  may  have  been  caught  shall  be  delivered  to  the 
owner  or  his  agent  for  cure,  and  shall  be  sold  by  such  owner  or 
agent,  such  vessel  shall,  for  the  term  of  six  months  after  the  sale, 
be  liable  and  answerable  for  the  skipper's  and  every  other  fish 
erman's  share  of  the  fish. 

The  second  act  provides  that  a  bounty  shall  be  paid  by  the 
district  collectors,  on  the  last  day  of  December  annually,  from 
and  after  the  last  day  of  December,  1814,  to  every  vessel  quali 
fied  by  law  for  carrying  on  the  bank  and  other  cod  fisheries,  and 
that  shall  actually  have  been  employed  therein  at  sea  for  at  least 
four  months  of  the  preceding  fishing  season,  which  season  is  ac 
counted  to  be  from  the  last  day  of  February  to  the  last  day  of 
November,  for  every  ton  of  such  vessel's  burthen,  according  to 
her  admeasurement  as  licensed  or  enrolled  ;  if  of  twenty  tons 
and  not  exceeding  thirty  tons,  two  dollars  and  forty  cents,  and  if 
above  thirty  tons  four  dollars;  of  which  allowance  three-eighth 
parts  shall  accrue  to  the  owner  of  the  fishing  vessel,  and  the 
other  five-eighths  to  the  several  fishermen  who  have  been  em 
ployed  during  the  season.  The  bounty  however  is  not  to  ex 
ceed  S272  on  any  one  vessel  for  a  season.  Vessels  of  between 
five  tons  and  twenty  are  likewise  to  receive  $  1  60  per  ton,  pro 
vided  such  vessel  have  landed  in  the  course  of  the  season  at 
least  twelve  quintals  for  every  ton  of  her  admeasurement.  No 
vessel  of  twenty  tons  or  upwards  is  to  be  entitled  to  the  bounty, 
unless  a  written  or  printed  agreement  is  entered  into  conforma 
ble  to  the  first-mentioned  act.  This  act  is  to  continue  in  force 
until  one  year  after  the  conclusion  of  the  present  war. 

§  21.  In  consequence  of  the  additional  expenditures  which 
were  authorized  during  the  session  in  the  war  and  navy  depart- 


HISTORICAL  REGISTER.        [CHAP.V. 

xnents,  the  committee  of  ways  and  means  addressed  a  letter  to 
the  acting  secretary  of  the  treasury,  inquiring  what  further  pro 
vision  was  deemed  necessary  for  meeting  the  public  engage 
ments.  In  answer  it  was  stated,  that  the  sum  of  two  millions 
would  be  requisite  to  meet  the  additional  expenditures,  and  calls 
of  the  militia  which  would  probably  be  made  in  the  course  of  the 
year;  and,  in  order  to  avoid  inconvenience  to  the  public  service, 
it  was  proposed,  in  addition  to  the  two  millions  for  the  present 
year,  that  a  loan  should  now  be  authorized,  sufficient,  with  the 
sums  receivable  from  the  revenue,  to  defray  the  expenditures  of 
the  three  first  months  of  1814.  The  demands  on  the  treasury 
for  that  period  were  estimated  at  $  7,500,000,  and  the  revenue 
at  about  two  millions,  leaving  a  deficiency  of  five  and  a  half 
millions,  which,  with  the  two  additional  millions  for  1813, 
would  make  a  total  of  seven  millions  and  a  half  to  be  furnished 
by  loan.  In  conformity  to  this  estimate,  a  bill  was  reported  by 
the  committee,  which  passed  into  a  law  authorizing  a  loan  of 
$  7,500,000.  This  act  is  similar  in  its  provisions  to  the  former 
law,  except  .that  it  provided  that  no  certificate  of  stock  should  be 
sold  for  less  than  $  88  in  money  for  $  100  in  stock*. 

§  22.  The  following  additional  appropriations  for  the  support 
of  government  were  made  this  session : 
For  expenses  of  intercourse  with  foreign  nations,  in  addition  to 

the  sum  heretofore  appropriated  38,500 

For  the  relief  and  protection  of  American  seamen, 

in  addition  to  the  sums  heretofore  appropriated    40,000 
For  fitting  up  four  rooms  in  the  building  purchased 
by  the  United  States  where  the  general  post-of 
fice  is  held,  for  the  use  of  the  superintendant 
general  of  military  supplies  2,039  12  j 

For  books,  stationary,  furniture,  wood,  and  other 

contingent  expenses  1,OOO 

The  sum  of  g  9,500  was  likewise  appropriated  for  finishing 
the  senate  chamber,  and  repairing  the  roof  of  the  north  wing  of 
the  capital. 

The  president  was  authorized  to  sell  such  part  of  the  furni 
ture  and  equipage  belonging  to  his  household  as  might  be  out  of 
repair,  and  the  sum  of  g  14,000  was  appropriated,  in  addition  to 

*  On  the  day  fixed  by  law  for  receiving  proposals  for  this  loan  of  g  7,500,000 
proposals  for  more  than  g  12,500,000  were  offered  The  loan  was  taken  at 
g  88  25  in  money  for  §  100  in  stock.  The  privilege  of  prompt  payment  for  the 
latter  instalments  not  being  given  to  the  lenders  in  this  loan,  a  measure  which 
subjects  the  treasury  to  pay  interest  on  money  before  it  is  wanted,  the  terms  are 
considerably  more  favourable  to  government  than  those  on  which  the  loan  of 
sixteen  millions,  authorized  last  session,  was  procured. 


§23,24.]    PROCEEDINGS  OF  CONGRESS.  159 

the  proceeds  of  the  sale,  for  the  purchase  of  new,  at  his  dis 
cretion,  and  under  his  direction. 

§  23.  On  the  9th  of  July,  Mr.  Bradley  submitted  a  resolution 
in  the  house  of  representatives  for  the  appointment  of  a  commit 
tee  to  inquire  into  the  causes  of  the  multiplied  failures  of  the 
arms  of  the  United  States  in  their  land  operations.  The  reso 
lution  was  opposed  on  the  ground  of  its  being  impracticable  at 
the  present  moment,  as  it  could  not  be  carried  into  effect  with 
out  withdrawing  the  officers  of  the  army  from  their  duties  in  the 
midst  of  the  campaign.  It  was  accordingly  decided  that  the 
resolution  should  lie  on  the  table. 

$  24.  Toward  the  end  of  the  session,  the  committee  of  the 
house  of  representatives,  to  whom  had  been  referred  so  much 
of  the  president's  message  as  relates  to  the  spirit  and  manner  in 
which  the  war  has  been  waged  by  the  enemy,  made  the  follow 
ing  report  to  the  house,  accompanied  with  an  immense  body  of 
evidence  in  proof  of  the  circumstances  stated  in  the  report,  of 
which  the  length  precludes  an  insertion  here.  The  committee 
report,  that  they  have  collected  and  arranged  all  the  testimony 
on  this  subject  which  could  at  this  time  be  procured.  This  tes 
timony  is  submitted  to  the  consideration  of  the  house,  arranged 
under  the  following  heads  : 

First.  Bad  treatment  of  American  prisoners  : 

Second.  Detention  of  American  prisoners  as  British  subjects^ 
on  the  plea  of  nativity  in  the  dominions  of  Britain,  or  of  natu 
ralization  : 

Third.  Detention  of  mariners  as  prisoners  of  war,  who  were 
in  England  when  the  war  was  declared  : 

Fourth.  Compulsory  service  of  impressed  American  seamen 
on  board  British  ships  of  war. 

Fifth.  Violation  of  flags  of  truce  : 

Sixth.  Ransom  of  American  prisoners  from  Indians  in  the 
British  service  : 

Seventh.  Pillage  and  destruction  of  private  property  on  the 
Chesapeake  bay,  and  in  the  neighbouring  country. 

Eighth.  Massacre  and  burning  of  American  prisoners  surren 
dered  to  officers  of  Great  Britain,  by  Indians  in  the  British  ser 
vice.  Abandonment  of  the  remains  of  Americans  killed  in 
battle,  or  murdered  after  the  surrender  to  the  British.  The  pil 
lage  and  shooting  of  American  citizens,  and  the  burning  of  their 
houses  after  surrender  to  the  British,  under  the  guarantee  of 
protection  : 

Ninth.  Outrages  at  Hampton  in  Virginia  : 

The  evidence  under  the  first  head  demonstrates  that  the  Bri 
tish  government  has  adopted  a  rigor  of  regulation  unfriendly  to 


160  HISTORICAL  REGISTER.          [CHAP,  v, 

the  comfort  and  apparently  unnecessary  to  the  safe  keeping  of 
American  prisoners  generally.  It  shows  also  instances  of  a  de 
parture  from  the  customary  rules  of  war,  by  the  selection  and 
confinement  in  close  prisons  of  particular  persons,  and  the  trans 
portation  of  them  for  undefined  causes  from  the  British  colonies 
to  the  island  of  Great  Britain. 

The  evidence  under  the  second  head  establishes  the  fact,  that 
however  the  practice  of  detaining  American  citizens  as  British 
subjects  may  be  regarded  as  to  the  principle  it  involves,  that 
such  detentions  continue  to  occur,  through  the  agency  of  the 
naval  and  other  commanders  of  that  government.  It  proves, 
too,  that  however  unwilling  to  allow  other  nations  to  naturalize 
her  subjects,  Great  Britain  is  disposed  to  enforce  the  obligation 
entered  into  by  their  citizens  when  naturalized  under  her  own 
laws.  This  practice,  even  supposing  the  release  of  every  per 
son  thus  detained,  obviously  subjects  our  captured  citizens, 
upon  mere  suspicion,  to  hardships  and  perils  from  which  they 
ought  to  be  exempt,  according  to  the  established  rules  in  relation 
to  prisoners  of  war. 

The  evidence  under  the  third  head  shows,  that  while  all  other 
American  citizens  were  permitted  to  depart  within  a  reasona 
ble  time  after  the  declaration  of  war,  all  mariners  who  were 
in  the  dominions  of  Great  Britain,  whether  they  resorted 
to  her  ports  in  time  of  peace  for  lawful  purposes,  or  were 
forced  into  them  under  the  pretence  of  illegal  commerce,  are 
considered  prisoners  of  war.  The  injustice  of  this  exception 
is  not  more  apparent  than  the  jealousy  it  discloses  towards  that 
useful  class  of  our  fellow  citizens.  But  the  committee  cannot 
but  remark,  that  if  the  practice  of  hiring  American  seamen  to 
navigate  British  vessels  is  generally  adopted  and  authorised,  and 
that  it  is  suffered  appears  from  the  advertisement  of  George 
Maude,  the  British  agent  at  Port  Royal,  which  is  to  be  found 
with  the  testimony  collected  under  the  first  head,  that  the  naval 
strength  of  that  empire  will  be  increased  in  proportion  to  the 
number  of  our  seamen  in  bondage.  The  present  war  having 
changed  the  relation  of  the  two  countries,  the  pretended  right  of 
impressment  can  no  longer  be  exercised,  but  the  same  end  may 
be  accomplished  by  the  substitution  of  this  mode.  Every  sea 
man  thus  employed  (the  terms  of  whose  engagements  have  not 
been  ascertained)  increases  the  naval  strength  of  the  enemy,  not 
only  by  depriving  the  United  States  of  his  actual  services,  but 
by  enabling  Great  Britain  to  carry  on  and  even  extend  her  com 
merce,  without  diminishing  the  number  of  sailors  emplpyed  in 
her  vessels  of  war. 

The  testimony  collected  under  the  fourth  head  proves,  that 
it  is  the  ordinary  practice  of  the  officers  of  British  armed  ve,s- 


§24.]        PROCEEDINGS  OF  CONGRESS.  161 

sels  to  force  impressed  Americans  to  fight  against  their  country 
by  threats,  by  corporal  punishment,  and  even  by  the  fear  of  im 
mediate  execution — an  instructive  commentary  upon  the  pro 
fessions  of  the  government,  of  its  readiness  to  release  impressed 
American  seamen  found  on  board  of  ships  of  war. 

On  the  evidence  collected  under  the  fifth  head  it  is  only  neces 
sary  to  observe,  that  in  one  case,  the  case  of  Dr.  M'Keehan,  the 
enormity  is  increased  by  the  circumstance  of  the  flag  being  di 
vested  of  every  thing  of  a  hostile  character,  having  solely  for 
its  object  the  relief  of  the  wounded  and  suffering  prisoners  who 
were  taken  at  the  river  Raisin,  on  the  22d  January,  1813.  The 
treatment  of  Dr.  M*Keehan,  not  by  the  allies  of  Britain,  but  by 
the  officers  of  her  army,  can  only  be  rationally  accounted  for  by 
the  supposition,  that  it  was  considered  good  policy  to  deter 
American  surgeons  from  going  to  the  relief  of  their  country 
men,  as  the  Indian  surgeons  had  a  more  speedy  and  effectual 
mode  of  relieving  their  sufferings. 

The  evidence  respecting  the  ransom  of  American  prisoners 
from  Indians,  collected  under  the  sixth  head,  deserves  attention, 
principally  from  the  policy  it  indicates,  and  as  it  is  connected 
with  Indian  cruelties.  Considering  the  savages  as  an  auxiliary 
military  force  in  the  pay  of  Great  Britain,  the  amount  of  ran 
som  may  be  regarded  as  part  of  their  stipulated  compensation 
for  military  services  ;  and  as  ransoms  would  be  increased  and 
their  value  enhanced  by  the  terror  inspired  by  the  most  shock 
ing  barbarities,  it  may  be  fairly  concluded,  whatever  may  be  the 
intention  of  the  British  government,  that  the  practice  of  redeem 
ing  captives  by  pecuniary  means  will  be  occasionally  quickened 
by  the  butchery  of  our  fellow  citizens,  and  by  indignities  offer 
ed  to  their  remains,  as  long  as  the  Indians  are  employed  by  the 
enemy.  The  justice  of  this  conclusion  is  confirmed  by  the  tes 
timony  of  those  witnesses  who  were  retained  after  ransom  as 
prisoners  of  war. 

The  testimony  collected  under  the  seventh  head  shows,  that 
the  private  property  of  unarmed  citizens  has  been  pillaged  by 
the  officers  and  crews  of  the  British  vessels  of  war  on  our  coast, 
their  houses  burnt,  and  places  of  public  worship  mutilated  and 
defiled.  It  appears  that  the  officers,  animated  by  the  presence 
of  admiral  Cockburn,  particularly  distinguished  themselves  in 
these  exploits.  This  evidence  proves,  that  they  were  governed 
by  the  combined  motives  of  avarice  and  revenge ;  not  satisfied 
with  bearing  off,  for  their  own  convenience,  the  valuable  articles 
found,  the  others,  which  furnished  no  allurements  to  their  cupi 
dity,  were  wantonly  defaced  and  destroyed.  It  has  been  alleged, 
in  palliation  of  these  acts  of  wanton  cruelty,  that  a  flag  sent  on 

VOL.  i.  Z 


162  HISTORICAL  REGISTER.          [CHAP.  v. 

shore  by  the  admiral  was  fired  upon  by  the  American  militia. 
The  evidence  proves  this  not  to  have  been  the  fact.  This  pre 
tence  has  been  resorted  to  only  to  excuse  conduct  which  no  cir 
cumstances  can  justify. 

The  committee  forbear  to  make  any  observations  upon  the  tes 
timony  collected  under  the  8th  head,  from  a  perfect  conviction 
that  no  person  of  this  or  any  other  nation  can  read  the  simple 
narrative  of  the  different  witnesses  of  the  grossest  violations  of 
honour,  justice,  and  humanity,  without  the  strongest  emotions  of 
indignation  and  horror.  That  these  outrages  were  perpetrated 
by  Indians,  is  neither  palliation  nor  excuse.  Every  civilized 
nation  is  answerable  for  the  conduct  of  the  allies  under  their 
command,  and  while  they  partake  of  the  advantages  of  their  suc 
cesses,  they  are  equally  partakers  of  the  odium  of  their  crimes. 
The  British  forces  concerned  in  the  affair  of  the  22d  January, 
at  the  rivrr  Raisin,  are  more  deeply  implicated  in  the  infamy  of 
these  transactions  than  by  this  mode  of  reasoning,  however 
correct.  The  massacre  of  the  23d,  after  the  capitulation,  was 
perpetrated  without  any  exertion  on  their  part  to  prevent  it ; 
indeed,  it  is  apparent  from  all  the  circumstances,  that  if  the  Bri 
tish  officers  did  not  connive  at  their  destruction,  they  were  cri 
minally  indifferent  about  the  fate  of  the  wounded  prisoners.  But 
what  marks  more  strongly  the  degradation  of  the  character  of 
the  British  soldiers,  is  the  refusal  of  the  last  offices  of  humanity 
to  the  bodies  of  the  dead.  The  bodies  of  our  countrymen  were 
exposed  to  every  indignity,  and  became  food  for  brutes  in 
the  sight  of  men  who  affect  a  sacred  regard  to  the  dictates  of 
honour  and  religion.  Low  indeed  is  the  character  of  that  army 
which  is  reduced  to  the  confession,  that  their  savage  auxiliaries 
will  not  permit  them  to  perform  the  rites  of  sepulture  to  the 
slain.  The  committee  have  not  been  able  to  discover  even  the 
expression  of  that  detestation  which  such  conduct  must  inspire 
from  the  military  or  civil  authority  on  the  Canadian  frontier, 
unless  such  detestation  is  to  be  presumed  from  the  choice  of  an 
Indian  trophy  as  an  ornament  for  the  legislative  hall  of  Upper 
Canada. 

The  committee  have  considered  it  their  duty  to  submit  the 
evidence  collected  under  the  ninth  head  of  the  atrocities  com 
mitted  at  Hampton,  although  these  enormities  have  been  com 
mitted  since  their  appointment.  These  barbarities  may  be  ra 
tionally  considered  as  the  consequence  of  the  example  set  by  the 
officers  of  the  naval  force  upon  our  coast.  Human  turpitude  is 
always  progressive,  and  soldiers  are  prepared  for  the  most  dread 
ful  crimes  by  the  commission  of  minor  offences  with  impunity. 
That  troops  who  had  been  instigated  by  the  example  of  their 


$  24.]        PROCEEDINGS  OF  CONGRESS.  163 

officers,  to  plunder  the  property  and  burn  the  houses  of  unarm 
ed  citizens,  should  proceed  to  rape  and  murder,  need  not  excite 
surprize,  however  it  may  inspire  horror.  For  every  detestable 
violation  of  humanity  an  excuse  is  fabricated  or  found.  The 
wounded  prisoners  on  the  northern  frontier  were  massacred  by 
the  Indians  ;  the  sick  murdered,  and  the  women  violated  at 
Hampton  by  the  foreign  troops  in  the  pay  of  Great  Britain. 
These  pretexts,  admitting  them  to  be  true,  are  as  disgraceful  as 
the  conduct  which  made  a  resort  to  them  necessary.  Honour 
and  magnanimity  not  only  forbid  the  soldier  to  perpetrate  crimes, 
but  require  every  exertion  on  his  part  to  prevent  them.  If,  in 
defiance  of  discipline,  acts  of  violence  are  committed  upon  any 
individual  entitled  to  protection,  the  exemplary  punishment  of 
the  offender  can  alone  vindicate  the  reputation  of  the  nation  by 
whom  he  is  employed.  Whether  such  exertions  were  made  by 
the  British  soldiers,  or  the  character  of  the  British  nation  thus 
vindicated,  the  evidence  will  show. 

The  shrieks  of  the  innocent  victims  of  infernal  lust  at  Hamp 
ton  were  heard  by  the  American  prisoners,  but  were  too  weak  to 
reach  the  ears  or  disturb  the  repose  of  the  British  officers,  whose 
duty,  as  men,  required  them  to  protect  every  female  whom  the 
fortune  of  war  had  thrown  into  their  power.  The  committee 
will  not  dwell  on  this  hateful  subject.  Human  language  affords 
no  terms  strong  enough  to  express  the  emotions  which  the  ex 
amination  of  this  evidence  has  awakened  ;  they  rejoice  that 
these  acts  have  appeared  so  incredible  to  the  American  people  ; 
and,  for  the  honour  of  human  nature,  they  deeply  regret  that  the 
evidence  so  clearly  establishes  their  truth.  In  the  correspon 
dence  between  the  commander  of  the  American  and  British 
forces,  will  be  found  what  is  equivalent  to  an  admission  of  the 
facts  by  the  British  commander.  The  committee  have  yet  to 
learn  that  the  punishment  of  the  offenders  has  followed  the  con 
viction  of  their  guilt.  The  power  of  retaliation  being  vested 
by  law  in  the  executive  magistrate,  no  measure  is  considered 
necessary  to  be  proposed,  but  the  resolution  annexed  to  this 
report. 

As  such  enormities,  instead  of  inspiring  terror,  as  was  proba 
bly  intended,  are,  in  the  opinion  of  the  committee,  calculated  to 
produce  a  contrary  effect,  they  submit  for  the  consideration  of 
the  house,  the  following  resolution  : 

Resolved,  That  the  president  of  the  United  States  be  request 
ed  to  have  collected  and  presented  to  this  house,  during  the  con 
tinuance  of  the  present  war,  evidence  of  every  departure  by  the 
enemy  from  the  ordinary  modes  of  conducting  war  among 
civilized  nations. 


164  HISTORICAL  REGISTER.         [CHAP.  v. 

§  25.  Congress  adjourned  on  the  2d  of  August,  after  a  ses 
sion  of  ten  weeks.  The  first  Monday  in  December  following 
was  fixed  by  law  for  their  next  meeting. 


STATE  PAPERS 


LAID    BEFORE 


CONGRESS. 

12th  CONGRESS 2d  SESSION. 


Message  from  the  President  of  the  United  States  to  both  Houses 
of  Congress  at  the  commencement  oj  the  Session. 

Fellow  Citizens  of  the  Senate  and  of  the  House  of  Representatives. 

ON  our  present  meeting  it  is  my  first  duty  to  invite  your  at 
tention  to  the  providential  favours  which  our  country  has  expe 
rienced,  in  the  unusual  degree  of  health  dispensed  to  its  inhabi 
tants,  and  in  the  rich  abundance  with  which  the  earth  has  reward 
ed  the  labours  bestowed  on  it.  In  the  successful  cultivation  of 
other  branches  of  industry,  and  in  the  progress  of  general  im 
provement,  favourable  to  the  national  prosperity,  there  is  just 
occasion,  also,  for  our  mutual  congratulations  and  thankful 
ness. 

With  these  blessings  are  necessarily  mingled  the  pressures  and 
vicissitudes  incident  to  the  state  of  war,  into  which  the  United 
States  have  been  forced  by  the  perseverance  of  a  foreign  power 
in  its  system  of  injustice  and  aggression. 

Previous  to  its  declaration,  it  was  deemed  proper,  as  a  mea 
sure  of  precaution  and  forecast,  that  a  considerable  force  should 
be  placed  in  the  Michigan  territory,  with  a  general  view  to  its 
security,  and,  in  the  event  of  war,  to  such  operations  in  the  upper 
most  Canada,  as  would  intercept  the  hostile  influence  of  Great 
Britain  over  the  savages,  obtain  the  command  of.  the  lake  on 
which  that  part  of  Canada  borders,  and  maintain  co-operating 
relations  with  such  forces  as  might  be  most  conveniently  employ- 

VOL.  i.  A  A 


2]  HISTORICAL  REGISTER.      [12TH  CONG. 

ed  against  other  parts.  Brigadier-general  Hull  was  charged  with 
this  provisional  service;  having  under  his  command  a  body  of 
troops,  composed  of  regulars,  and  of  volunteers  from  the  state  of 
Ohio.  Having  reached  his  destination  alter  his  knowledge  of  the 
war,  and  possessing  discretionary  authority  to  act  offensively, 
he  passed  into  the  neighbouring  territory  of  the  enemy,  with  a 
prospect  of  easy  and  victorious  progress.  „  The  expedition, 
nevertheless,  terminated  unfortunately,  not  only  in  a  retreat  to 
the  town  and  fort  of  Detroit,  .but  in  the  surrender  of  both,  and 
of  the  gallant  corps  commanded  by  that  officer.  The  causes 
of  this  painful  reverse  will  be  investigated  by  a  military  tribu 
nal. 

A  distinguishing  feature  in  the  operations  which  preceded  and 
followed  this  adverse  event,  is  the  use  made  by  the  enemy  of  the 
merciless  savages  under  their  influence.  Whilst  the  benevolent 
policy  of  the  United  States  invariably  recommended  peace  and 
promoted  civilization  among  that  wretched  portion  of  the  human 
race,  and  was  making  exertions  to  dissuade  them  from  taking 
either  side  in  the  war,  the  enemy  has  not  scrupled  to  call  to  his 
aid  their  ruthless  ferocity,  armed  with  the  horrors  of  those  instru 
ments  of  carnage  and  torture,  which  are  known  to  spare  neither 
age  nor  sex.  In  this  outrage  against  the  laws  of  honourable  war, 
and  against  the  feelings  sacred  to  humanity,  the  British  comman 
ders  cannot  resort  to  a  plea  of  retaliation :  for  it  is  committed  in 
the  face  of  our  example.  They  cannot  mitigate  it  by  calling  it  a 
self-defence  against  men  in  arms :  for  it  embraces  the  most 
shocking  butcheries  of  defenceless  families.  Nor  can  it  be  pre 
tended  that  they  are  not  answerable  for  the  atrocities  perpetra 
ted  ;  since  the  savages  are  employed  with  a  knowledge,  and  even 
with  menaces,  that  their  fury  could  not  be  controuled.  Such  is 
the  spectacle  which  the  deputed  authorities  of  a  nation,  boasting 
its  religion  and  morality,  have  not  been  restrained  from  present 
ing  to  an  enlightened  age. 

The  misfortune  at  Detroit  was  not,  however,  without  a  con 
soling  effect.  It  was  followed  by  signal  proofs  that  the  national 
spirit  rises  according  to  the  pressure  on  it.  The  loss  of  an  im 
portant  post,  and  of  the  brave  men  surrendered  with  it,  inspired 
every  where  new  ardour  and  determination.  In  the  states  and  dis 
tricts  least  remote,  it  was  no  sooner  known,  than  every  citizen  was 
ready  to  fly  with  his  arms,  at  once  to  protect  his  brethren  against 
the  blood-thirsty  savages  let  loose  by  the  enemy  on  an  extensive 
frontier,  and  to  convert  a  partial  calamity  into  a  source  of  invigo 
rated  efforts.  This  patriotic  zeal,  which  it  was  necessary  rather  to 
limit  than  excite,  has  embodied  an  ample  force  from  the  states  of 
Kentucky  and  Ohio,  and  from  parts  of  Pennsylvania  and  Virginia, 


2n  SESS.]  STATE  PAPERS.  (a 

It  is  placed,  with  the  addition  of  a  few  regulars,  under  the  com 
mand  of  brigadier-general  Harrison,  who  possesses  the  entire 
confidence  of  his  fellow-soldiers,  among  whom  are  citizens, 
some  of  them  volunteers  in  the  ranks,  not  less  distinguished  by 
their  political  stations,  than  by  their  personal  merits.  The  great 
er  portion  of  this  force  is  proceeding  on  its  destination  towards 
the  Michigan  territory,  having  succeeded  in  relieving  an  im 
portant  frontier  post,  and  in  several  incidental  operations  against 
hostile  tribes  of  savages,  rendered  indispensable  by  the  subser 
viency  into  which  they  had  been  seduced  by  the  enemy  ;  a  se 
duction  the  more  cruel,  as  it  could  not  fail  to  impose  a  necessity 
of  precautionary  severities  against  those  who  yielded  to  it. 

At  a  recent  date,  an  attack  was  made  on  a  post  of  the  enemy 
near  Niagara,  by  a  detachment  of  the  regular  and  other  forces, 
under  the  command  of  major-general  Van  Rensselaer,  of  the 
militia  of  the  state  of  New  York.  The  attack,  it  appears,  was 
ordered  in  compliance  with  the  ardour  of  the  troops,  who  exe 
cuted  it  with  distinguished  gallantry,  and  were  for  a  time  victo 
rious  ;  but  not  receiving  the  expected  support,  they  were  com 
pelled  to  yield  to  reinforcements  of  British  regulars  and  savages. 
Our  loss  has  been  considerable,  and  is  deeply  to  be  lamented. 
That  of  the  enemy,  less  ascertained,  will  be  the  more  felt,  as  it 
includes  amongst  the  killed,  the  commanding  general,  who  was 
also  the  governor  of  the  province  ;  and  was  sustained  by  veteran 
troops  from  unexperienced  soldiers,  who  must  daily  improve  in 
the  duties  of  the  field. 

Our  expectation  of  gaining  the  command  of  the  lakes  by 
the  invasion  of  Canada  from  Detroit  having  been  disappointed, 
measures  were  instantly  taken  to  provide  on  them  a  naval  force 
superior  to  that  of  the  enemy.  From  the  talents  and  activity 
of  the  officer  charged  with  this  object,  every  thing  that  can  be 
done  may  be  expected.  Should  the  present  season  not  admit 
of  complete  success,  the  progress  made  will  insure  for  the  next 
a  naval  ascendancy,  where  it  is  essential  to  our  permanent  peace 
with,  and  controul  over,  the  savages. 

Among  the  incidents  to  the  measures  of  the  war,  lam  con 
strained  to  advert  to  the  refusal  of  the  governors  of  Massa 
chusetts  and  Connecticut,  to  furnish  the  required  detachments 
of  militia  towards  the  defence  of  the  maritime  frontier.  The 
refusal  was  founded  on  a  novel  and  unfortunate  exposition  of 
the  provisions  of  the  constitution,  relating  to  the  militia.  The 
correspondences,  which  will  be  laid  before  you,  contain  the  re 
quisite  information  on  the  subject.  It  is  obvious,  that  if  the 
authority  of  the  United  States  to  call  into  service  and  command 


4]  HISTORICAL  REGISTER.      [I2ra  CONG. 

the  militia  for  the  public  defence  can  be  thus  frustrated,  even  in 
a  state  of  declared  war,  and  of  course  under  apprehensions  of 
invasion  preceding  war,  they  are  not  one  nation  for  the  purpose 
most  of  all  requiring  it ;  and  that  the  public  safety  may  have 
no  other  resource  than  in  those  large  and  permanent  military 
establishments,  which  are  forbidden  by  the  principle  of  our  free 
government,  and  against  the  necessity  of  which  the  militia  were 
meant  to  be  a  constitutional  bulwark. 

On  the  coasts,  and  on  the  ocean,  the  war  has  been  as  suc 
cessful  as  circumstances  inseparable  from  its  early  stages  could 
promise.  Our  public  ships  and  private  cruisers,  by  their 
activity,  and,  where  there  was  occasion,  by  their  intrepidity, 
have  made  the  enemy  sensible  of  the  difference  between  a 
reciprocity  of  captures,  and  the  long  confinement  of  them  to 
their  side.  Our  trade,  with  little  exception,  has  safely  reach 
ed  our  ports ;  having  been  much  favoured  in  it,  by  the  course 
pursued  by  a  squadron  of  our  frigates  under  the  command 
of  commodore  Rodgers.  And  in  the  instance  in  which  skill 
and  bravery  were  more  particularly  tried  with  those  of  the 
enemy,  the  American  flag  had  an  auspicious  triumph.  The 
frigate  Constitution,  commanded  by  captain  Hull,  after  a  close 
and  short  engagement,  completely  disabled  and  captured  a 
British  frigate  ;  gaining  for  that  officer  and  all  on  board,  a 
praise  which  cannot  be  too  liberally  bestowed ;  not  merely  for 
the  victory  actually  achieved,  but  for  that  prompt  and  cool 
exertion  of  commanding  talents,  which,  giving  to  courage  its 
highest  character,  and  to  the  force  applied  its  full  effect,  prove 
that  more  could  have  been  done,  in  a  contest  requiring  more. 

Anxious  to  abridge  the  evils  from  which  a  state  of  war 
cannot  be  exempt,  I  lost  no  time,  after  it  was  declared,  in  con 
veying  to  the  British  government  the  terms  on  which  its  pro 
gress  might  be  arrested,  without  awaiting  the  delays  of  a 
formal  and  final  pacification.  And  our  charge  d'affaires  at 
London  was,  at  the  same  time,  authorized  to  agree  to  an  ar 
mistice  founded  upon  them.  These  terms  required,  that  the 
orders  in  council  should  be  repealed  as  they  affected  the  Uni 
ted  States,  without  a  revival  of  blockades  violating  acknow 
ledged  rules;  and  that  there  should  be  an  immediate  discharge 
of  American  seamen  from  British  ships,  and  a  stop  to  im 
pressment  from  American  ships,  with  an  understanding  that 
an  exclusion  of  the  seamen  of  each  nation  from  the  ships  of  the 
the  other,  should  be  stipulated ;  and  that  the  armistice  should  be 
improved  into  a  definitive  and  comprehensive  adjustment  of  de 
pending  controversies.  Although  a  repeal  of  the  orders,  suscep 
tible  of  explanations  meeting  the  views  of  this  government,  had 


SDSESS.]  STATE  PAPERS.  [5 

taken  place  before  this  pacific  advance  was  communicated 
to  that  of  Great  Britain,  the  advance  was  declined,  from  an 
avowed  repugnance  to  a  suspension  of  the  practice  of  impress 
ments  during  the  armistice,  and  without  any  intimation  that  the 
arrangement  proposed  with  respect  to  seamen  would  be  accep 
ted.  Whether  the  subsequent  communications  from  this  go 
vernment,  affording  an  occasion  for  re-considering  the  subject 
on  the  part  of  Great  Britain,  will  be  viewed  in  a  more  favoura 
ble  light,  or  received  in  a  more  accommodating  spirit,  remains 
to  be  known.  It  would  be  unwise  to  relax  our  measures,  in  any 
respect,  on  a  presumption  of  such  a  result. 

The  documents  from  the  department  of  state,  which  relate  to 
this  subject,  will  give  a  view  also  of  the  propositions  for  an  ar 
mistice  which  have  been  received  here,  one  of  them  from  the 
authorities  at  Halifax  and  in  Canada,  the  other  from  the  British 
government  itself,  through  admiral  Warren ;  and  of  the  grounds 
on  which  neither  of  them  could  be  accepted. 

Our  affairs  with  France  retain  the  posture  which  they  held  at 
my  last  communications  to  you.  Notwithstanding  the  autho 
rized  expectations  of  an  early  as  well  as  favourable  issue  to  the 
discussions  on  foot,  these  have  been  procrastinated  to  the  latest 
date.  The  only  intervening  occurrence  meriting  attention,  is 
the  promulgation  of  a  French  decree,  purporting  to  be  a  defini 
tive  repeal  of  the  Berlin  and  Milan  decrees.  This  proceeding, 
although  made  the  ground  of  the  repeal  of  the  British  orders  in 
council,  is  rendered,  by  the  time  and  manner  of  it,  liable  to  many 
objections. 

The  final  communications  from  our  special  minister  to  Den 
mark,  afford  further  proofs  of  the  good  effects  of  his  mission,  and 
of  the  amicable  disposition  of  the  Danish  government.  From 
Russia  we  have  the  satisfaction  to  receive  assurances  of  contin 
ued  friendship,  and  that  it  will  not  be  affected  by  the  rupture  be 
tween  the  United  States  and  Great  Britain.  Sweden  also  pro 
fesses  sentiments  favourable  to  the  subsisting  harmony. 

With  the  Barbary  powers,  excepting  that  of  Algiers,  our  af 
fairs  remain  on  the  ordinary  footing.  The  consul-general  resid 
ing  with  that  regency  has  suddenly  and  without  cause  been  ban 
ished,  together  with  all  the  American  citizens  found  there. — 
Whether  this  was  the  transitory  effect  of  capricious  despotism, 
or  the  first  act  of  pre-determined  hostility,  is  not  ascertained. 
Precautions  were  taken  by  the  consul  on  the  latter  supposition. 

The  Indian  tribes,  not  under  foreign  instigations,  remain  at 
peace,  and  receive  the  civilizing  attentions,  which  have  proved 
so  beneficial  to  them. 


6]  HISTORICAL  REGISTER.     [ISTHCONG. 

With  a  view  to  that  vigorous  prosecution  of  the  war,  to  which 
our  national  faculties  art-  adequate,  the  attention  of  congress  will 
be  particularly  drawn  to  the  insufficiency  of  existing  provisions 
for  filling  up  the  military  establishment.  Such  is  the  happy  con 
dition  of  our  country,  arising  from  the  facility  of  subsistence 
and  the  high  wages  for  every  species  of  occupation,  that,  not 
withstanding  the  augmented  inducements  provided  at  the  last 
session,  a  partial  success  only  has  attended  the  recruiting  ser 
vice.  The  deficiency  has  been  necessarily  supplied  during  the 
campaign  by  other  than  regular  troops,  with  all  the  inconveni 
ences  and  expense  incident  to  them.  The  remedy  lies  in  estab 
lishing  more  favourably  for  the  private  soldier  the  proportion 
between  his  recompense  and  the  term  of  his  enlistment.  And 
it  is  a  subject  which  cannot  too  soon  or  too  seriously  be  taken  in 
to  consideration. 

The  same  insufficiency  has  been  experienced  in  the  provisions 
for  volunteers  made  by  an  act  of  the  last  session.  The  recom 
pense  for  the  service  required  in  this  case  is  still  less  attractive 
than  in  the  other.  And  although  patriotism  alone  has  sent  into 
the  field  some  valuable  corps  of  that  description,  those  alone  who 
can  afford  the  sacrifice  can  be  reasonably  expected  to  yield  to 
that  impulse. 

It  will  merit  consideration  also,  whether,  as  auxiliary  to  the 
security  of  our  frontiers,  corps  may  not  be  advantageously  or 
ganized,  with  a  restriction  of  their  services  to  particular  dis 
tricts  convenient  to  them.  And  whether  the  local  and  occasion 
al  services  of  mariners  and  others  in  the  seaport  towns,  under  a 
similar  organization,  would  not  be  a  provident  addition  to  the 
means  of  their  defence. 

I  recommend  a  provision  for  an  increase  of  the  general  officers 
of  the  army,  the  deficiency  of  which  has  been  illustrated  by  the 
number  and  distance  of  separate  commands,  which  the  course  of 
the  war  and  the  advantage  of  the  service  have  required. 

And  I  cannot  press  too  strongly  on  the  earliest  attention  of  the 
legislature,  the  importance  of  the  re-organization  of  the  staff 
establishment ;  with  a  view  to  render  more  distinct  and  definite 
the  relations  and  responsibilities  of  its  several  departments. — 
That  there  is  room  for  improvements  which  will  materially  pro 
mote  both  economy  and  success,  in  what  appertains  to  the  army 
and  the  war,  is  equally  inculcated  by  the  examples  of  other 
countries,  and  by  the  experience  of  our  own. 

A  revision  of  the  militia  laws,  for  "the  purpose  of  rendering 
them  more  systematic,  and  better  adapting  them  to  emergencies 
of  the  war,  is  at  this  time  particularly  desirable. 


t>o  SESS.]  STATE  PAPERS.  [7 

Of  the  additional  ships  authorized  to  be  fitted  for  service,  two 
will  be  shortly  ready  to  sail ;  a  third  is  under  repair,  and  delay 
will  be  avoided  in  the  repair  of  the  residue.  Of  the  appropria 
tions  for  the  purchase  of  materials  for  ship  building,  the  greater 
part  has  been  applied  to  that  object,  and  the  purchase  will  be 
continued  with  the  balance. 

The  enterprising  spirit  which  has  characterized  our  naval 
force,  and  its  success  both  in  restraining  insults  and  depredations 
on  our  coasts,  and  in  reprisals  on  the  enemy,  will  not  fail  to  re 
commend  an  enlargement  of  it. 

There  being  reason  to  believe  that  the  act  prohibiting  the  ac 
ceptance  of  British  licenses,  is  not  a  sufficient  guard  against  the 
use  of  them  for  purposes  favourable  to  the  interests  and  views  of 
the  enemy ;  further  provisions  on  that  subject  are  highly  impor 
tant.  Nor  is  it  less  so,  that  penal  enactments  should  be  provi 
ded  for  cases  of  corrupt  and  perfidious  intercourse  with  the  ene 
my  not  amounting  to  treason,  nor  yet  embraced  by  any  statutory 
provisions. 

A  considerable  number  of  American  vessels,  which  were  in 
England  when  the  revocation  of  the  orders  in  council  took  place, 
were  laden  with  British  manufactures,  under  an  erroneous  im 
pression  that  the  non-importation  act  would  immediately  cease 
to  operate,  and  have  arrived  in  the  United  States.  It  did  not 
appear  proper  to  exercise,  on  unforeseen  cases  of  such  magni 
tude,  the  ordinary  powers  vested  in  the  treasury  department  to 
mitigate  forfeitures,  without  previously  affording  to  congress 
an  opportunity  of  making  on  the  subject  such  provision  as  they 
may  think  proper.  In  their  decision  they  will  doubtless  equally 
consult  what  is  due  to  equitable  considerations  and  to  the  public 
interest. 

The  receipts  into  the  treasury,  during  the  year  ending  on  the 
30th  of  September  last,  have  exceeded  sixteen  millions  and  a 
half  of  dollars:  which  have  been  sufficient  to  defray  all  the  de 
mands  on  the  treasury  to  that  day,  including  a  necessary  reim 
bursement  of  near  three  millions  of  the  principal  of  the  public 
debt.  In  these  receipts  is  included  a  sum  of  near  $5,85O,OOO, 
received  on  account  of  the  loans  authorised  by  the  acts  of  the 
last  session  :  the  whole  sum  actually  obtained  on  loan  amounts 
to  eleven  millions  of  dollars,  the  residue  of  which,  being  receiv 
able  subsequent  to  the  30th  of  September  last,  will,  together 
with  the  current  revenue,  enable  us  to  defray  all  the  expenses  of 
this  year. 

The  duties  on  the  late  unexpected  importations  of  British 
manufactures,  will  render  the  revenue  of  the  ensuing  year  more 
productive  than  could  have  been  anticipated. 


8J  HISTORICAL  REGISTER.      [12TH  CONG, 

The  situation  of  our  country,  fellow  citizens,  is  not  without 
its  difficulties;  though  it  abounds  in  animating  considerations, 
of  which  the  view  here  presented  of  our  pecuniary  resources  is 
an  example.     With  more  than  one  nation,  we  have  serious  and 
unsettled  controversies  ;  and  with  one,  powerful  in  the  means 
and  habits  of  war,  we  are  at  war.     The  spirit  and  strength  of 
the  nation  are  nevertheless  equal  to  the  support  of  all  its  rights, 
and  to  carry  it  through  all  its  trials.     They  can  be  met  in  that 
confidence.     Above  all,  we  have  the  inestimable  consolation  of 
knowing,  that  the  war  in  which  we  are  actually  engaged  is  a  war 
neither  of  ambition  nor  of  vain  glory  j  that  it  is  waged,  not  in 
violation  of  the  rights  of  others,  but  in  the  maintenance  of  our 
own ;  that  it  was  preceded  by  a  patience  without  example,  under 
wrongs  accumulating  without  end ;  and  that  it  was  finally  not 
declared  until  every  hope  of  averting  it  was  extinguished,  by  the 
transfer  of  the  British  sceptre  into  new  hands  clinging  to  former 
councils ;  and  until  declarations  were  reiterated  to  the  last  hour, 
through  the  British  envoy  here,  that  the  hostile  edicts  against 
our  commercial  rights  and  our  maritime  independence  would 
not  be  revoked  ;  nay,  that  they  could  not  be  revoked,  without 
violating  the  obligations  of  Great  Britain  to  other  powers,  as 
well  as  to  her  own  interests.     To  have  shrunk,  under  such  cir 
cumstances,  from  manly  resistance,  would  have  been  a  degrada 
tion  blasting  our  best  and  proudest  hopes  :  it  would  have  struck 
us  from  the  high  rank,  where  the  virtuous  struggles  of  our  fa 
thers  had  placed  us,  and  have  betrayed  the  magnificent  legacy 
which  we  hold  in  trust  for  future  generations.     It  would  have 
acknowledged,  that  on  the  element  which  forms  three  fourths  of 
the  globe  we  inhabit,  and  where  all  independent  nations  have 
equal  and  common  rights,  the  American  people  were  not  an  in 
dependent  people,  but  colonists  and  vassals.     It  was  at  this  mo 
ment,  and  with  such  an  alternative,  that  war  was  chosen.     The 
nation  felt  the  necessity  of  it,  and  called  for  it.     The  appeal  was 
accordingly  made,  in  a  just  cause,  to  the  just  and  all  powerful 
Being  who  holds  in  his  hand  the  chain  of  events  and  the  destiny 
of  nations.     It  remains  only,  that,  faithful  to  ourselves,  entan 
gled  in  no  connections  with  the  views  of  other  powers,  and  ever 
ready  to  accept  peace  from  the  hand  of  justice,  we  prosecute  the 
war  with  united  counsels,  and  with  the  ample  faculties  of  the 
nation,  until  peace  be  so  obtained,  and  as  the  only  means,  undet 
the  divine  blessing,  of  speedily  obtaining  it. 

JAMES  MADISON* 
Washington^  November  4,  1812. 


2D  SESS.]  STATE  PAPERS.  £9 

Documents  accompanying  the  Message. 

Letters  from  Mr.  Monroe  to  Mr.  Russell,  charge  des  affaires 
in  Great  Britain. 

Extract  of  a  letter  from  Mr.  Monroe  to  Mr.  Russell,  dated 

Jwie26,  1812. 

This  letter  is  committed  to  Mr.  Foster,  who  has  promised  to 
deliver  it  to  you  in  safety. 

On  the  18th  of  this  month  a  declaration  of  war  against  Great 
Britain  passed  congress.     I  send  you  a  copy  of  the  act,  of  the 
president's  message,  and  of  the  report  of  the  committee  of 
foreign  relations,  which  brought  the  subject  under  considera 
tion. 

This  measure  has  been  produced  by  the  continued  aggres 
sions  of  the  British  government  on  the  rights  of  the  United 
States,  and  the  presumption  arising  from  that  and  other  facts, 
which  it  is  unnecessary  to  recite,  that  no  favourable  change  of 
policy  might  be  expected  from  it.  It  was  impossible  for  the 
United  States  to  surrender  their  rights,  by  relinquishing  the 
ground  which  they  had  taken,  and  it  was  equally  incompatible 
with  their  interests  and  character  to  rely  longer  on  measures 
which  had  failed  to  accomplish  their  objects.  War  was  the  on 
ly  remaining  alternative,  and  that  fact  being  clearly  ascertained, 
you  will  find  by  the  documents  transmitted  that  it  was  adopted 
with  decision. 

As  war  has  been  resorted  to  by  necessity,  and  of  course  with 
reluctance,  this  government  looks  forward  to  the  restoration  of 
peace  with  much  interest,  and  a  sincere  desire  to  promote  it  on 
conditions,  just,  equal,  and  honourable  to  both  the  parties.  It  is 
in  the  power  of  Great  Britain  to  terminate  the  war  on  such  con 
ditions,  and  it  would  be  very  satisfactory  to  the  president  to 
meet  it  in  arrangements  to  that  effect. 

Although  there  are  many  just  and  weighty  causes  of  complaint 
against  Great  Britain,  you  will  perceive  by  the  documents  trans 
mitted,  that  the  orders  in  council,  and  other  blockades,  illegal, 
according  to  the  principles  lately  acknowledged,  and  the  im 
pressment  of  our  seamen,  are  considered  to  be  of  the  highest  im 
portance.  If  the  orders  in  council  are  repealed,  and  no  illegal 
blockades  are  substituted  to  them,  and  orders  are  given  to  dis 
continue  the  impressment  of  seamen  from  our  vessels,  and  to  re 
store  those  already  impressed,  there  is  no  reason  why  hostilities 
should  not  immediately  cease.  Securing  these  objects,  you  are 
authorised  to  stipulate  an  armistice,  to  commence  from  the  sig 
nature  of  the  instrument  providing  for  it,  or  at  the  end  of  fifty  or 
sixty  days,  or  other  the  shortest  term  that  the  British  government 
VOL.  i.  B  B 


10]  HISTORICAL  REGISTER.      [12TH  CONG. 

will  assent  to.  Definitive  arrangements  will  be  made  on  these 
and  every  other  difference  by  a  treaty,  to  be  concluded  either 
here  or  at  London,  though  it  is  much  desired  that  the  subject 
should  be  entered  on  in  this  city. 

As  an  inducement  to  the  British  government  to  discontinue 
the  practice  of  impressment  from  our  vessels,  you  may  give  as 
surance  that  a  law  will  be  passed  (to  be  reciprocal)  to  prohibit 
the  employment  of  British  seamen  in  the  public  or  commercial 
service  of  the  United  States.  There  can  be  no  doubt  that  such 
an  arrangement  would  prove  much  more  efficacious  in  securing 
to  Great  Britain  her  seamen,  than  the  practice  to  which  it  is  pro 
posed  to  be  a  substitute,  independent  of  all  the  other  objections 
to  it. 

Indemnity  for  injuries  received  under  the  orders  in  council, 
and  other  edicts  violating  our  rights,  seems  to  be  incident  to  their 
repeal :  but  the  president  is  willing  that  the  consideration  of  that 
claim  should  not  be  pressed  at  this  time,  so  as  to  interfere  with 
the  preliminary  arrangement  alluded  to.  It  will  be  proper  to 
bring  it  into  view  merely  to  shew  that  it  is  expected  that  pro 
vision  will  be  made  for  it  in  the  treaty  which  is  to  follow.  Every 
other  interest  may  also  be  provided  for  at  the  same  time. 

It  is  hoped  that  the  British  government  will  find  it  consistent 
with  its  interest  and  honour,  to  terminate  the  war  by  an  armis 
tice  in  the  manner  and  on  the  conditions  proposed.  In  so  do 
ing,  it  will  abandon  no  right,  it  will  sacrifice  no  interest ;  it  will 
abstain  only  from  violating  our  rights,  and  in  return  it  will  re 
store  peace  with  the  power  from  whom,  in  friendly  commercial 
intercourse,  so  many  advantages  will  be  derived,  not  to  mention 
the  injuries  which  cannot  fail  to  result  from  a  prosecution  of  the 
war. 

Mr.  Monroe  to  Mr.  Russell. 
Sir,  Department  of  State,  July  27,1812. 

I  wrote  you  on  the  26th  of  June,  by  Mr.  Foster,  a  letter 
which  he  promised  to  deliver  to  you  in  person  or  by  a  safe  hand. 

In  that  letter  you  were  informed,  that  the  orders  in  council 
and  other  illegal  blockades,  amd  the  impressment  of  our  seamen 
by  Great  Britain,  as  you  well  knew  before,  were  the  principal 
causes  of  the  war,  and  that  if  they  were  removed,  you  might  sti 
pulate  an  armistice,  leaving  them  and  all  other  grounds  of  dif 
ference,  for  final  and  more  precise  adjustment  by  treaty.  As  an 
inducement  to  the  British  government  to  discontinue  the  prac 
tice  of  impressment  from  our  vessels,  by  which  alone  our  sea 
men  can  be  made  secure,  you  were  authorised  to  stipulate  a  pro 
hibition  by  law,  to  be  reciprocal,  of  the  employment  of  British 


ID  SESS.]  STATE  PAPERS.  [11 

seamen  in  the  public  or  commercial  service  of  the  United  States. 
As  such  an  arrangement,  which  might  be  made  completely  ef 
fectual  and  satisfactory  by  suitable  regulations  and  penalties, 
would  operate  almost  exclusively  in  favour  of  Great  Britain,  for 
as  few  of  our  seamen  ever  enter  voluntarily  into  the  British  ser 
vice,  the  reciprocity  would  be  nominal ;  its  advantage  to  Great 
Britain  would  be  more  than  an  equivalent  for  any  she  derives 
from  impressment,  which  alone  ought  to  induce  her  to  abandon 
the  practice,  if  she  had  no  other  motive  for  it.  A  stipulation  to 
prohibit  by  law  the  employment  of  British  seamen  in  the  ser 
vice  of  the  United  States,  is  to  be  understood  in  the  sense  and 
spirit  of  our  constitution.  The  passage  of  such  a  law  must  de 
pend  of  course  on  congress,  who,  it  might  reasonably  be  pre 
sumed,  would  give  effect  to  it. 

By  authorizing  you  to  secure  these  objects  as  the  grounds  of 
an  armistice,  it  was  not  intended  to  restrict  you  to  any  precise 
form  in  which  it  should  be  done.  It  is  not  particularly  necessa 
ry  that  the  several  points  should  be  specially  provided  for  in  the 
convention  stipulating  the  armistice.  A  clear  and  distinct  un 
derstanding  with  the  British  government  on  the  subject  of  im 
pressment,  comprising  in  it  the  discharge  of  the  men  already 
impressed,  and  on  future  blockades,  if  the  orders  in  council  are 
revoked,  is  all  that  is  indispensable.  The  orders  in  council  be 
ing  revoked,  and  the  proposed  understanding  on  the  other 
points,  that  is,  on  blockades  and  impressment,  being  first  obtain 
ed,  in  a  manner,  though  informal,  to  admit  of  no  mistake  or  dis 
agreement  hereafter,  the  instrument  providing  for  the  armistice 
may  assume  a  general  form,  especially  if  more  agreeable  to  the 
British  government.  It  may  for  example  be  said  in  general 
terms,  "  that  both  powers  being  sincerely  desirous  to  terminate 
the  differences  which  unhappily  subsist  between  them,  and 
equally  so,  that  full  time  should  be  given  for  the  adjustment  there 
of,  agree, 

"  1st.  That  an  armistice  shall  take  place  for  that  purpose,  to 
commence  on  the  —  day  of  — •, — . 

"  2d.  That  they  will  forthwith  appoint  on  each  side  commis 
sioners  with  full  power  to  form  a  treaty,  which  shall  provide,  by 
reciprocal  arrangements,  for  the  security  of  their  seamen  from 
being  taken  or  employed  in  the  service  of  the  other  power,  for 
the  regulation  of  their  commerce,  and  all  other  interesting  ques 
tions  now  depending  between  them. 

u  3d.  The  armistice  shall  not  cease  without  a  previous  notice 
by  one  to  the  other  party  of days,  and  shall  not  be  under 
stood  as  having  other  effect  than  merely  to  suspend  military  ope* 
rations  by  land  and  by  sea." 


12]  HISTORICAL  REGISTER.      [12TH  CONG. 

By  this  you  will  perceive  that  the  president  is  desirous  of  re 
moving  every  obstacle  to  an  accommodation  which  consists 
merely  of  form,  securing  in  a  safe  and  satisfactory  manner  the 
rights  and  interests  of  the  United  States  in  these  two  great  and 
essential  circumstances,  as  it  is  presumed  may  he  accomplished 
by  the  proposed  understanding  ;  he  is  willing  that  it  be  done  in 
a  manner  the  most  satisfactory  and  honourable  to  Great  Britain, 
as  well  as  to  the  United  States. 

I  have  the  honour  to  be,  &c. 
(Signed)  JAMES  MONROE. 

Mr.  Graham  to  Mr.  Russell. 
Sir,  Department  of  State,  August  9,  1812. 

The  secretary  left  this  city  about  ten  days  ago  on  a  short  visit 
to  Virginia.  Since  that  period  Mr.  Baker  has,  in  consequence 
of  some  dispatches  from  his  government  addressed  to  Mr.  Fos 
ter,  made  to  me  a  communication  respecting  the  intentions  of 
his  government  as  regards  the  orders  in  council.  It  was  of  a 
character,  however,  so  entirely  informal  and  confidential,  that 
Mr.  Baker  did  not  feel  himself  at  liberty  to  make  it  in  the  form 
of  a  note  verbal  or  pro  memoria,  or  even  to  permit  me  to  take  a 
memorandum  of  it  at  the  time  he  made  it.  As  it  authorises  an 
expectation  that  something  more  precise  and  definite,  in  an  offi 
cial  form,  may  soon  be  received  by  this  government,  it  is  the 
less  necessary  that  I  should  go  into  an  explanation  of  the  views 
of  the  president  in  relation  to  it,  more  particularly  as  the  secre 
tary  of  state  is  daily  expected,  and  will  be  able  to  do  it  in  a  man 
ner  more  satisfactory. 

I  refer  you  to  the  enclosed  papers  for  information  as  to  the 
maritime  and  military  movements  incident  to  the  war,  and  will 
add,  that  the  president  is  anxious  to  know,  as  soon  as  possible, 
the  result  of  the  proposals  you  were  authorized  to  make  to  the 
British  government  respecting  an  armistice.  He  considers 
them  so  fair  and  reasonable,  that  he  cannot  but  hope  that  they 
will  be  acceded  to,  and  thus  be  the  means  of  hastening  an  ho 
nourable  and  permanent  peace. 

I  have  the  honour  to  be,  &c. 
(Signed)  JOHN  GRAHAM. 

Mr.  Graham  to  Mr.  Russell. 
Sir,  Department  of  State,  August  10,  1812. 

Thinking  that  it  may  possibly  be  useful  to  you,  I  do  myself  the 
honour  to  enclose  a  memorandum  of  the  conversation  between 
Mr.  Baker  and  myself,  alluded  to  in  my  letter  of  yesterday's  date. 
From  a  conversation  with  Mr.  Baker  since  this  memorandum 


^D  BESS.]  STATE  PAPERS.  13] 

was  made,  I  find  that  I  was  correct  in  representing  to  the  presi 
dent  that  the  intimation  from  Mr.  Foster  and  the  British  authori 
ties  at  Halifax  was  to  be  understood  as  connected  with  a  suspen 
sion  of  hostilities  on  the  frontiers  of  Canada. 
I  have  the  honour  to  be,  &c. 

(Signed)  JOHN  GRAHAM. 

Memorandum  referred  to  in  the  above  letter. 

Mr.  Baker  verbally  communicated  to  me,  for  the  information 
of  the  president,  that  he  had  received  dispatches  from  his  go 
vernment  addressed  to  Mr.  Foster,  dated  (I  believe)  about  the 
17th  June,  from  which  he  was  authorised  to  say,  that  an  official 
declaration  would  be  sent  to  this  country,  that  the  orders  in  coun 
cil,  so  far  as  they  affected  the  United  States,  would  be  repealed  on 
the  1st  August,  to  be  revived  on  the  1st  May,  1813,  unless  the 
conduct  of  the  French  government  and  the  result  of  the  commu 
nications  with  the  American  government  should  be  such  as,  in 
the  opinion  of  his  majesty,  to  render  their  revival  unneces 
sary.  Mr.  Baker  moreover  stated,  that  the  orders  would  be 
revived,  provided  the  American  government  did  not,  within 
fourteen  days  after  they  received  the  official  declaration  of  their 
repeal,  admit  British  armed  vessels  into  their  ports,  and  put  an 
end  to  the  restrictive  measures  which  had  grown  out  of  the  or 
ders  in  council. 

The  dispatches  authorizing  this  communication  to  the  Ameri 
can  government  expressly  directed  that  it  should  be  made  verbal 
ly,  and  Mr.,  Baker  did  not  consider  himself  at  liberty  to  reduce  it 
to  writing,  even  in  the  form  of  a  note  verbal,  or  pro  memoria,  or 
to  suffer  me  to  take  a  memorandum  of  his  communication  at  the 
time  he  made  it.  I  understood  from  him  that  the  dispatches  had 
been  opened  by  Mr.  Foster  at  Halifax,  who,  in  consequence  of  a 
conversation  he  had  had  with  vice-admiral  Sawyer  and  sir  John 
Sherbroke,  had  authorized  Mr.  Baker  to  say,  that  these  gentle 
men  would  agree,  as  a  measure  leading  to  a  suspension  of  hos 
tilities,  that  all  captures  made  after  a  day  to  be  fixed,  should  not 
be  proceeded  against  immediately,  but  be  detained  to  await  the 
future  decision  of  the  two  governments.  Mr.  Foster  had  not 
seen  sir  George  Prevost,  but  had  written  to  him  by  express,  and 
did  not  doubt  but  that  he  would  agreed  to  an  arrangement  for 
the  temporary  suspension  of  hostilities. 

Mr.  Baker  also  stated  that  he  had  received  an  authority  from 
Mr.  Foster  to  act  as  charge  des  affaires,  provided  the  American 
government  would  receive  him  in  that  character,  for  the  purpose 
of  enabling  him  officially  to  communicate  the  declaration  which 
was  to  be  expected  from  the  British  government ;  his  functions 
to  be  understood,  of  course,  as  ceasing  on  the  renewal  ofhostiH- 


14]  HISTORICAL  REGISTER.     [12TH  CONG. 

ties.  I  replied,  that  although,  to  so  general  and  informal  a  com 
munication,  no  answer  might  be  necessary,  and  certainly  no  par 
ticular  answer  expected,  yet,  I  was  authorized  to  say,  that  the 
communication  is  received  with  sincere  satisfaction,  as  it  is 
hoped  that  the  spirit  in  which  it  was  authorized  by  his  govern 
ment  may  lead  to  such  further  communications  as  will  open  the 
way,  not  only  for  an  early  and  satisfactory  termination  of  exist 
ing  hostilities,  but  to  that  entire  adjustment  of  all  the  differences 
which  produced  them,  and  to  that  permanent  peace  and  solid 
friendship  which  ought  to  be  mutually  desired  by  both  countries, 
and  which  is  sincerely  desired  by  this.  With  this  desire  an  au 
thority  was  given  to  Mr.  Russell  on  the  subject  of  an  armistice 
as  introductory  to  a  final  pacification,  as  has  been  made  known  to 
Mr.  Foster,  and  the  same  desire  will  be  felt  on  the  receipt  of  the 
further  and  more  particular  communications  which  are  shortly 
to  be  expected  with  respect  to  the  joint  intimation  from  Mr.  Fos 
ter  and  the  British  authorities  at  Halifax,  on  the  subject  of  sus 
pending  judicial  proceedings  in  the  case  of  maritime  captures,  to 
be  accompanied  by  a  suspension  of  military  operations.  The 
authority  given  to  Mr.  Russell  just  alluded  to,  and  of  which  Mr. 
Foster  was  the  bearer,  is  full  proof  of  the  solicitude  of  the  go 
vernment  of  the  United  States  to  bring  about  a  general  sus 
pension  of  hostilities  on  admissible  terms,  with  as  little  delay  as 
possible.  It  was  not  to  be  doubted,  therefore,  that  any  other 
practicable  expedient  for  attaining  a  similar  result  would  readily 
be  concurred  in.  Upon  the  most  favourable  consideration, 
however,  which  could  be  given  to  the  expedient  suggested 
through  him,  it  did  not  appear  to  be  reducible  to  any  practical 
shape  to  which  the  executive  would  be  authorized  to  give  it  the 
necessary  sanction,  nor  indeed  is  it  probable  that  if  it  was  less 
liable  to  insuperable  difficulties,  that  it  could  have  any  material 
effect  previous  to  the  result  of  the  pacific  advance  made  by  this 
government,  and  which  must,  if  favourably  received,  become 
operative  as  soon  as  any  other  arrangement  that  could  now  be 
made.  It  was  stated  to  Mr.  Baker,  that  the  president  did  not, 
under  existing  circumstances,  consider  Mr.  Foster  as  vested  with 
the  power  of  appointing  a  charge  des  affaires  ;  but  that  no  diffi 
culty,  in  point  of  form,  would  be  made,  as  any  authentic  commu- 
cation  through  him,  or  any  other  channel,  would  be  received 
with  attention  and  respect. 

The  Secretary  of  State  to  Mr.  Russell. 

Department  of  State,  August  21,  1812. 

[Extract.]  My  last  letter  to  you  was  of  the  27th  July,  and  was 
forwarded  by  the  British  packet,  the  Althea,  under  the  special 


2DSESS.]  STATE  PAPERS.  [15 

protection  of  Mr.  Baker.  The  object  of  that  letter,  and  of  the 
next  preceding  one,  of  the  26th  of  June,  was  to  invest  you 
with  power  to  suspend  by  an  armistice,  on  such  fair  condi 
tions  as  it  was  presumed  could  not  be  rejected,  the  operation  of 
the  war,  which  had  been  brought  on  the  United  States  by  the  in 
justice  and  violence  of  the  British  government.  At  the  mo 
ment  of  the  declaration  of  war,  the  president,  regretting  the  ne 
cessity  which  produced  it,  looked  to  its  termination  and  pro 
vided  for  it,  and  happy  will  it  be  for  both  countries,  if  the 
disposition  felt,  and  the  advance  thus  made  on  his  part,  are 
entertained  and  met  by  the  British  government  in  a  similar 
spirit. 

You  have  been  informed  by  Mr.  Graham  of  what  passed  in 
my  late  absence  from  the  city,  in  an  interview  between  Mr. 
Baker  and  him,  in  consequence  of  a  dispatch  from  the  British 
government  to  Mr.  Foster,  received  at  Halifax,  just  before  he 
sailed  for  England,  and  transmitted  by  him  to  Mr.  Baker,  re* 
lating  to  a  proposed  suspension  or  repeal  of  the  British  or 
ders  in  council.  You  will  have  seen  by  the  note  forwarded 
to  you  by  Mr.  Graham,  of  Mr.  Baker's  communication  to 
him,  that  Mr.  Foster  had  authorized  him  to  state,  that  the 
commanders  of  the  British  forces  at  Halifax  would  agree  to  a 
suspension,  after  a  day  to  be  fixed,  of  the  condemnation  of 
prizes,  to  await  the  decision  of  both  governments,  without, 
however,  preventing  captures  on  either  side.  It  appears  also 
that  Mr.  Foster  had  promised  to  communicate  with  sir  George 
Prevost,  and  to  advise  him  to  propose  to  our  government  an 
armistice. 

Sir  George  Prevost  has  since  proposed  to  general  Dearborn, 
at  the  suggestion  of  Mr.  Foster,  a  suspension  of  offensive  opera 
tions  by  land,  in  a  letter  which  was  transmitted  by  the  general  to 
the  secretary  at  war.  A  provisional  agreement  was  entered  into 
between  general  Dearborn  and  col.  Baynes,the  British  adjutant- 
general,  bearer  of  gen.  Prevost's  letter,  that  neither  party  should 
act  offensively,  before  the  decision  of  our  government  should  be 
taken  on  the  subject. 

Since  my  return  to  Washington,  the  document  alluded  to  in 
Mr.  Foster's  dispatch,  as  finally  decided  on  by  the  British  go 
vernment,  has  been  handed  to  me  by  Mr.  Baker,  with  a  remark, 
that  its  authenticity  might  be  relied  on.  Mr.  Baker  added,  that 
it  was  not  improbable  that  the  admiral  at  Halifax  might  agree 
likewise  to  a  suspension  of  captures,  though  he  did  not  profess 
or  appear  to  be  acquainted  with  his  sentiments  on  that  point. 

On  full  consideration  of  all  the  circumstances  which  merit  at 
tention,  the  president  regrets  that  it  is  not  in  his  power  to  acced* 


16]  HISTORICAL  REGISTER.     [12TH  CONG. 

to  the  proposed  arrangement.  The  following  are  among  the 
principal  reasons  which  have  produced  this  decision. 

1st.  The  president  has  no  power  to  suspend  judicial  proceed 
ings  on  prizes.  A  capture,  if  lawful,  vests  a  right,  over  which 
he  has  no  controul.  Nor  could  he  prevent  captures  otherwise 
than  by  an  indiscriminate  recal  of  the  commissions  granted  to 
our  privateers,  which  he  could  not  justify  under  existing  circum 
stances* 

2d.  The  proposition  is  not  made  by  the  British  government, 
nor  is  there  any  certainty  that  it  would  be  approved  by  it.  The 
proposed  arrangement,  if  acceded  to,  might  not  be  observed  by 
the  British  officers  themselves,  if  their  government,  in  conse 
quence  of  the  war,  should  give  them  instructions  of  a  different 
character,  even  if  they  were  given  without  a  knowledge  of  the  ar 
rangement. 

3d.  No  security  is  given,  or  proposed,  as  to  the  Indians,  nor 
could  any  be  relied  on.  They  have  engaged  in  the  war  on  the 
side  of  the  British  government,  and  are  now  prosecuting  it  with 
vigour,  in  their  usual  savage  mode.  They  can  only  be  restrain 
ed  by  force,  when  once  let  loose,  arid  that  force  has  already  been 
ordered  out  for  the  purpose. 

4th.  The  proposition  is  not  reciprocal,  because  it  restrains  the 
United  States  from  acting  where  their  power  is  greatest,  and 
leaves  Great  Britain  at  liberty,  and  gives  her  time  to  augment 
her  forces  in  our  neighbourhood. 

5th.  That  as  a  principal  object  of  the  war  is  to  obtain  redress 
against  the  British  practice  of  impressment,  an  agreement  to.  sus 
pend  hostilities,  even  before  the  British  government  is  heard 
from  on  that  subject,  might  be  considered  a  relinquishment  of 
that  claim. 

6th.  It  is  the  more  objectionable,  and  of  the  less  importance, 
in  consideration  of  the  instructions  heretofore  given  you,  which, 
if  met  by  the  British  government,  may  have  already  produced 
the  same  result  in  a  greater  extent  and  more  satisfactory  form. 

I  might  add,  that  the  declaration  itself  is  objectionable  in  many 
respects,  particularly  the  following. 

1st.  Because  it  asserts  a  right  in  the  British  government  to 
restore  the  orders  in  council,  or  any  part  thereof,  to  their  full  ef 
fect,  on  a  principle  of  retaliation  on  France,  under  circumstances 
of  which  she  alone  is  to  judge  ;  a  right  which  this  government 
cannot  admit,  especially  in  the  extent  heretofore  claimed,  and 
acted  on  by  the  British  government. 

2d.  That  the  repeal  is  founded  exclusively  on  the  French  decree 
of  the  28th  of  April,  1811,  by  which  the  repeal  of  the  decrees  of 
Berlin  and  Milan,  announced  on  the  5th  of  August,  1810,  to  take 


ID  SESS.]  STATE  PAPERS.  [17 

effect  on  the  first  of  November,  of  that  year,  at  which  time  their 
operation  actually  ceased,  is  disregarded,  as  are  the  claims  of 
the  United  States  arising  from  the  repeal  on  that  day,  even  ac 
cording  to  the  British  pledge. 

3d.  That  even  if  the  United  States  had  no  right  to  claim  the 
repeal  of  the  British  orders  in  council  prior  to  the  French  de 
cree  of  the  28th  of  April,  1811,  nor  before  the  notification  of 
that  decree  to  the  British  government  on  the  20th  of  May,  of 
the  present  year,  the  British  repeal  ought  to  have  borne  date 
from  that  day,  and  been  subject  to  none  of  the  limitations  attach 
ed  to  it. 

These  remarks  on  the  declaration  of  the  prince  regent,  which 
are  not  pursued  with  rigour,  nor  in  the  full  extent  which  they 
might  be,  are  applicable  to  it,  in  relation  to  the  state  of  things 
which  existed  before  the  determination  of  the  United  States  to 
resist  the  aggressions  of  the  British  government  by  war.  By 
that  determination  the  relations  between  the  two  countries  have 
been  altogether  changed,  and  it  is  only  by  a  termination  of  the 
war,  or  by  measures  leading  to  it,  by  consent  of  both  govern 
ments,  that  its  calamities  can  be  closed  or  mitigated.  It  is  not 
now  a  question  whether  the  declaration  of  the  prince  regent  is 
such  as  ought  to  have  produced  a  repeal  of  the  non- importation 
act,  had  war  not  been  declared,  because,  by  the  declaration  of 
war,  that  question  is  superseded,  and  the  non-importation  act 
having  been  continued  in  force  by  congress,  and  become  a  mea 
sure  of  war,  and  among  the  most  efficient,  it  is  no  longer  subject 
to  the  controul  of  the  executive  in  the  sense  and  for  the  purpose 
for  which  it  was  adopted. 

The  declaration,  however,  of  the  prince  regent  will  not  be 
without  effect.  By  repealing  the  orders  in  council  without  re 
viving  the  blockade  of  May,  1806,  or  any  other  illegal  blockade, 
as  is  understood  to  be  the  case,  it  removes  a  great  obstacle  to  an 
accommodation.  The  president  considers  it  an  indication  of  a 
disposition  in  the  British  government  to  accommodate  the  dif 
ferences  which  subsist  between  the  countries,  and  I  am  in 
structed  to  assure  you,  that,  if  such  disposition  really  exists,  and 
is  persevered  in,  and  is  extended  to  other  objects,  especially  the 
important  one  of  impressment,  a  durable  and  happy  peace  and 
reconciliation  cannot  fail  to  result  from  it. 


VOL.  i.  C  c 


18]  HISTORICAL  REGISTER.      [ISTH  CONG. 

Mr.  Russell  to  the  Secretary  of  State,  inclosing  a  correspondence 
with  Lord  Castlereagh,  on  the  subject  of  an  armistice. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  \st  Sept.  1812. 

You  will  perceive  by  the  enclosed  copies  of  notes  which 
have  passed  between  lord  Castlereagh  and  me,  that  the  mode 
rate  and  equitable  terms  proposed  for  a  suspension  of  hostilities, 
have  been  rejected,  and  that  it  is  my  intention  to  return  imme 
diately  to  the  United  States. 

My  continuance  here,  after  it  has  been  so  broadly  intimated 
to  me  by  his  lordship,  that  I  am  no  longer  acknowledged  in  my 
diplomatic  capacity,  and  after  a  knowledge  that  instructions  are 
given  to*  the  British  admiral  to  negociate  an  arrangement  on  the 
other  side  of  the  Atlantic,  would,  in  my  view  of  the  subject,  not 
only  be  useless,  but  improper. 

It  is  probable,  however,  that  the  vessel  in  which  I  propose  to 
embark,  will  not  take  her  departure  before  the  15th  or  20th  of 
this  month. 

I  have  the  honour  to  be,  with  great  consideration,  sir,  your 
assured  and  obedient  servant, 

JONA.  RUSSELL. 

To  the  Hon.  James  Monroe,  fcfc. 

Mr.  Russell  to  Lord  Castlereagh. 
My  lord,  London,  August  24,  1812. 

It  is  only  necessary,  I  trust,  to  call  the  attention  of  your 
lordship  to  a  review  of  the  conduct  of  the  government  of  the 
United  States,  to  prove  incontrovertibly  its  unceasing  anxie 
ty  to  maintain  the  relations  of  peace  and  friendship  with  Great 
Britain.  Its  patience,  in  suffering  the  many  wrongs  which  it 
has  received,  and  its  perseverance,  in  endeavouring,  by  amica 
ble  means,  to  obtain  redress,  are  known  to  the  world.  Despair 
ing,  at  length,  of  receiving  this  redress  from  the  justice  of  the 
British  government,  to  which  it  had  so  often  applied  in  vaio, 
and  feeling  that  a  further  forbearance  would  be  a  virtual  sur 
render  of  interests  and  rights,  essential  to  the  prosperity  and 
independence  of  the  nation  confided  to  its  protection,  it  has  been 
compelled  to  discharge  its  high  duty,  by  an  appeal  to  arms. 

While,  however,  it  regards  this  course  as  the  only  one  which 
remained  for  it  to  pursue,  with  a  hope  of  preserving  any  portion 
of  that  kind  of  character,  which  constitutes  the  vital  strength  of 
every  nation,  yet  it  is  still  willing  to  give  another  proof  of  the 
spirit  which  has  uniformly  distinguished  its  proceedings,  by 


3D  SESS.]  STATE  PAPERS.  [19 

seeking  to  arrest,  on  terms  consistent  with  justice  and  honour, 
the  calamities  of  war.  It  has,  therefore,  authorized  me  to  sti 
pulate,  with  his  Britannic  majesty's  government,  an  armistice, 
to  commence  at  or  before  the  expiration  of  sixty  days  after  the 
signature  of  the  instrument  providing  for  it,  on  condition  that 
the  orders  in  council  be  repealed,  and  no  illegal  blockades  be 
substituted  to  them,  and  that  orders  be  immediately  given  to 
discontinue  the  impressment  of  persons  from  American  vessels, 
and  to  restore  the  citizens  of  the  United  States  already  impress 
ed  :  it  being,  moreover,  well  understood,  that  the  British  go 
vernment  will  assent  to  enter  into  definitive  arrangements,  as 
soon  as  may  be,  on  these  and  every  other  difference,  by  a  treaty, 
to  be  concluded  either  at  London  or  Washington,  as,  on  an  im 
partial  consideration  of  existing  circumstances,  shall  be  deemed 
most  expedient. 

As  an  inducement  to  Great  Britain  to  discontinue  the  prac 
tice  of  impressment  from  American  vessels,  I  am  authorized  to 
give  assurance,  that  a  law  shall  be  passed  (to  be  reciprocal)  to 
prohibit  the  employment  of  British  seamen,  in  the  public  or 
commercial  service  of  the  United  States. 

It  is  sincerely  believed,  that  such  an  arrangement  would  prove 
more  efficacious,  in  securing  to  Great  Britain  her  seamen,  than 
the  practice  of  impressment,  so  derogatory  to  the  sovereign  at 
tributes  of  the  United  States,  and  so  incompatible  with  the  per 
sonal  rights  of  their  citizens. 

Your  lordship  will  not  be  surprised  that  I  have  presented  the 
revocation  of  the  orders  in  council,  as  a  preliminary  to  the  sus 
pension  of  hostilities,  when  it  is  considered,  that  the  act  of  the 
British  government,  of  the  23d  June  last,  ordaining  that  revoca 
tion,  is  predicated  on  conditions,  the  performance  of  which  is 
rendered  impracticable,  by  the  change  which  is  since  known  to 
have  occurred,  in  the  relations  between  the  two  countries.  It 
cannot  now  be  expected  that  the  government  of  the  United 
States  will,  immediately  on  due  notice  of  that  act,  revoke,  or 
cause  to  be  revoked,  its  acts,  excluding  from  the  waters  and 
harbours  of  the  United  States  all  British  armed  vessels,  and  in 
terdicting  commercial  intercourse  with  Great  Britain.  Such  a 
procedure  would  necessarily  involve  consequences  too  unrea 
sonable  and  extravagant  to  be,  for  a  moment,  presumed.  The 
order  in  council,  of  the  23d  of  June  last,  will,  therefore,  accord 
ing  to  its  own  terms,  be  null  and  of  no  effect,  and  a  new  act  oi 
the  British  government,  adapted  to  existing  circumstances,  is 
obviously  required,  for  the  effectual  repeal  of  the  orders  in  coun 
cil,  of  which  the  United  States  complain. 


20]  HISTORICAL  REGISTER.      [12TH  CONG. 

The  government  of  the  United  States  considers  indemnity  for 
injuries  received,  under  the  orders  in  council,  and  other  edicts 
violating  the  rights  of  the  American  nation,  to  be  incident  to 
their  repeal,  and  it  believes  that  satisfactory  provision  will  be 
made,  in  the  definitive  treaty  to  be  hereafter  negociated,  for  this 
purpose. 

The  conditions  now  offered  to  the  British  government,  for 
the  termination  of  the  war,  by  an  armistice,  as  above  stated,  are 
so  moderate  and  just  in  themselves,  and  so  entirely  consistent 
with  its  interest  and  honour,  that  a  confident  hope  is  indulged, 
that  it  will  not  hesitate  to  accept  them.  In  so  doing  it  will 
abandon  no  right ;  it  will  sacrifice  no  interest ;  it  will  abstain 
only  from  violating  the  rights  of  the  United  States,  and,  in 
return,  it  will  restore  peace  with  the  power  from  whom,  in  a 
friendly  commercial  intercourse,  so  many  advantages  are  to  be 
derived. 

Your  lordship  is,  undoubtedly,  aware  of  the  serious  difficul 
ties  with  which  a  prosecution  of  the  war,  even  for  a  short  peri 
od,  must  necessarily  embarrass  all  future  attempts  at  accommo 
dation.  Passions,  exasperated  by  injuries— alliances  or  con 
quests,  on  terms  which  forbid  their  abandonment — will  inevita 
bly  hereafter  embitter  and  protract  a  contest  which  might  now 
be  so  easily  and  happily  terminated. 

Deeply  impressed  with  these  truths,  I  cannot  but  persuade 
myself,  that  his  royal  highness  the  prince  regent  will  take  int  o 
his  early  consideration  the  propositions  herein  made,  on  behalf 
of  the  United  States,  and  decide  on  them  in  a  spirit  of  concilia 
tion  and  justice. 

I  have  the  honour  to  be,  with  high  consideration,  my  lord, 
your  lordship's  most  obedient  servant, 

JONA.  RUSSELL. 

To  the  right  hon.  lord  viscount  Castlereagh,  &c. 
t 

Lord  Castlereagh  to  Mr.  Russell. 
Sir,  Foreign  Office,  August  29, 1 8 1 2. 

Although  the  diplomatic  relations  between  the  two  govern 
ments  have  been  terminated  by  a  declaration  of  war  on  the  part 
of  the  United  States,  I  have  not  hesitated,  under  the  peculiar 
circumstances  of  the  case,  and  the  authority  under  which  you 
act,  to  submit  to  the  prince  regent  the  proposition,  contained  in 
your  letter  of  the  24th  instant,  for  a  suspension  of  hostilities. 

From  the  period  at  which  your  instructions  must  have  been 
issued,  it  is  obvious  that  this  overture  was  determined  upon  by 
the  government  of  the  United  States,  in  ignorance  of  the  order 
in  council  of  the  23d  of  June  last;  and  as  you  inform  me  that 


2DSESS.J  STATE  PAPERS.  [21 

you  are  not  at  liberty  to  depart  from  the  conditions  set  forth  in 
your  letter,  it  only  remains  for  me  to  acquaint  you,  that  the 
prince  regent  feels  himself  under  the  necessity  of  declining  to 
accede  to  the  proposition  therein  contained,  as  being,  on  various 
grounds,  absolutely  inadmissible. 

As  soon  as  there  was  reason  to  apprehend  that  Mr.  Foster's 
functions  might  have  ceased  in  America,  and  that  he  might 
have  been  obliged  to  withdraw  himself,  in  consequence  of  war 
being  declared,  from  the  United  States,  before  the  above-men 
tioned  order  of  the  23d  of  June,  and  the  instructions  consequent 
thereupon  could  have  reached  him,  measures  were  taken  for  au 
thorizing  the  British  admiral  on  the  American  station,  to  pro 
pose  to  the  government  of  the  United  States,  an  immediate  and 
reciprocal  revocation  of  all  hostile  orders,  with  the  tender  of 
giving  full  effect,  in  the  event  of  hostilities  being  discontinued, 
to  the  provisions  of  the  said  order,  upon  the  conditions  therein 
specified. 

From  this  statement  you  will  perceive  that  the  view  you  have 
taken  of  this  part  of  the  subject  is  incorrect ;  and  that,  in  the 
present  state  of  the  relations  between  the  two  countries,  the  ope 
ration  of  the  order  of  the  23d  of  June,  can  only  be  defeated  by 
a  refusal,  on  the  part  of  your  government,  to  desist  from  hosti 
lities,  or  to  comply  with  the  conditions  expressed  in  the  said 
order. 

Under  the  circumstances  of  your  having  no  powers  to  nego- 
ciate,  I  must  decline  entering  into  a  detailed  discussion  of  the 
propositions  which  you  have  been  directed  to  bring  forward. 

I  cannot,  however,  refrain,  on  one  single  point,  from  express 
ing  my  surprise  ;  namely,  that,  as  a  condition  preliminary  even 
to  a  suspension  of  hostilities,  the  government  of  the  United 
States  should  have  thought  fit  to  demand,  that  the  British  go 
vernment  should  desist  from  its  ancient  and  accustomed  practice 
of  impressing  British  seamen  from  the  merchant  ships  of  a  fo 
reign  state,  simply  on  the  assurance  that  a  law  shall  hereafter  be 
passed  to  prohibit  the  employment  of  British  seamen  in  the  pub 
lic  or  commercial  service  of  that  state. 

The  British  government,  now,  as  heretofore,  is  ready  to  re 
ceive  from  the  government  of  the  United  States,  and  amicably 
to  discuss,  any  proposition  which  professes  to  have  in  view 
either  to  check  abuse  in  the  exercise  of  the  practice  of  impress 
ment,  or  to  accomplish,  by  means  less  liable  to  vexation,  the 
object  for  which  impressment  has  hitherto  been  found  necessa 
ry  ;  but  they  cannot  consent  to  suspend  the  exercise  of  a  right 
upon  which  the  naval  strength  of  the  empire  mainly  depends, 
until  they  are  fully  convinced  that  means  can  be  devised,  and 


22]  HISTORICAL  REGISTER.      [ISTH  CONG, 

will  be  adopted,  by  which  the  object  to  be  obtained  by  the  exer 
cise  of  that  right,  can  be  effectually  secured. 

I  have  the  honour  to  be,  sir,  your  most  obedient  humble  ser 
vant, 

CASTLEREAGH. 

y.  Russell,  esq.  fcfc. 

Mr*  Russell  to  Lord  Castlereagh. 
My  lord,  l&,Bentinck-street,  1st  September,  1812. 

I  have  learnt,  with  much  regret,  by  your  lordship's  note,  dated 
the  29th  ult.  which  I  did  not  receive  until  this  morning,  that  the 
prince  regent  has  thought  proper  to  decline  to  accede  to  the 
proposition  for  a  suspension  of  hostilities,  contained  in  my  note 
of  the  24th  of  August. 

It  has  been  matter  of  surprise  to  me,  that  my  view,  with  re 
gard  to  the  revocation  of  the  orders  in  council  on  the  23d  of  June 
last,  should  have  been  considered  to  have  been  incorrect,  when 
it  appears,  by  your  lordship's  note,  that  the  British  government 
itself  has  deemed  it  necessary  to  give  powers  to  the  British  ad 
miral  to  stipulate  for  its  full  effect,  and  thereby  admitted  that  a 
new  act  was  required  for  that  purpose. 

It  now  only  remains  for  me  to  announce  to  your  lordship,  that 
it  is  my  intention  to  embark  immediately  at  Plymouth,  on  board 
the  ship  Lark,  for  the  United  States,  and  to  request  that  permis 
sion  may  be  granted,  as  soon  as  may  be,  for  the  embarkation  of 
my  servants,  baggage,  and  the  effects  of  this  legation,  and  that 
the  necessary  passports  may  be  furnished  for  my  own  and  their 
safe  conduct  to  that  destination. 

I  avail  myself  of  this  occasion  to  apprise  your  lordship,  that  I 
am  authorized  by  the  government  of  the  United  States  to  leave 
Reuben  Gaunt  Beasley,  esq.  as  its  agent  for  prisoners  of  war  in 
this  country,  and  to  desire  that  every  necessary  facility  may  be 
afforded  him  in  the  exercise  of  that  trust,  by  the  Brkisli  govern 
ment. 

I  have  the  honour  to  be,  my  lord,  your  lordship's  most  obedi 
ent  humble  servant, 

JONA.  RUSSELL. 

The  right  hon.  lord  viscount  Castlereagh,  &c. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  Sept.  3,  1812. 

I  enclose  herein  a  copy  of  a  note,  received  yesterday  from 
lord  Castlereagh,  which  will  acquaint  you  that  I  have  obtained 
my  passports  to  return  to  the  United  States,  and  that  Mr.  Beas 
ley  is  permitted  to  remain  here  as  agent  for  prisoners  of,  war. 


^D  SESS.]  STATE  PAPERS.  [23 

Immediately  on  demanding  my  passports,  I  addressed  to  the 
consuls  a  circular,  of  which  you  will  also  find  a  copy  enclosed. 

The  Swiftsure  packet  sailed  on  the  31st  of  last  month  from 
Falmouth  for  America,  and  it  is  very  probable  that  she  takes  out 
instructions,  suggested  by  the  overture  made  here,  but  there  is 
no  reason  to  believe  that  they  can  be  of  a  nature  to  satisfy  the 
United  States. 

I  have  the  honour  to  be,  with  great  consideration,  your  faith 
ful  and  obedient  servant, 

JONA.  RUSSELL. 

The  Hon.  James  Monroe ,  &c. 

Lord  Castlereagh  to  Mr.  Russell. 
Sir,  Foreign  Office,  September  2,  1812. 

I  have  laid  before  his  royal  highness  the  prince  regent,  your 
letter  of  the  1st  instant,  in  which  you  announce  your  intention 
to  embark  immediately,  at  Plymouth,  on  board  the  ship  Lark, 
for  the  United  States. 

I  have  already  had  the  honour  of  forwarding  to  you  an  admi 
ralty  order  for  the  protection  of  that  ship,  as  a  cartel,  on  her  voy 
age  to  America,  and  I  herewith  enclose  to  you  a  passport,  for  the 
free  embarkation  of  yourself  and  family,  in  conformity  to  your 
request.  The  lords  commissioners  of  his  majesty's  treasury 
will  issue  directions  to  the  commissioners  of  the  customs,  to  give 
every  facility  to  the  embarkation  of  your  effects. 

If,  previous  to  your  departure  from  England,  you  can  point 
out  to  me  any  particular  manner  in  which  I  can  facilitate  your 
arrangements,  I  beg  that  you  will  command  my  services. 

His  royal  highness  has  commanded  me  to  signify  to  you,  for 
the  information  of  your  government,  that  there  will  be  no  diffi 
culty  in  allowing  Mr.  Reuben  Gaunt  Beasley,  as  stated  in  your 
letter,  to  reside  in  this  country,  as  the  United  States  agent  for 
prisoners  of  war. 

I  have  the  honour  to  subscribe  myself,  with  great  truth  and 
consideration,  sir,  your  most  obedient  humble  servant, 

CASTLEREAGH. 

J.  Russell,  Esq.  6f  c. 

Correspondence  between  Sir  J.  B.  Warren  and  the  Secretary 

of  State, 

Sir,  Halifax,  Nova  Scotia,  Sept.  30,  1812. 

The  departure  of  Mr.  Foster  from  America,  has  devolved 
upon  me  the  charge  of  making  known  to  you,  for  the  informa 
tion  of  the  government  of  the  United  States,  the  sentiments  en- 


•24]  HISTORICAL  REGISTER.      [12TH  CONG. 

tertained  by  his  royal  highness  the  prince  regent,  upon  the  exis 
ting  relations  of  the  two  countries. 

You  will  observe,  from  the  enclosed  copy  of  an  order  in  coun 
cil,  bearing  date  the  23d  of  June,  1812,  that  the  orders  in  coun 
cil  of  the  7th  of  January,  1807,  and  the  26th  of  April,  1809, 
ceased  to  exist  nearly  at  the  same  time  that  the  government  of 
the  United  States  declared  war  against  his  majesty. 

Immediately  on  the  receipt  of  this  declaration  in  London,  the 
order  in  council,  of  which  a  copy  is  herewith  enclosed  to  you, 
was  issued  on  the  31st  day  of  July,  for  the  embargo  and  deten 
tion  of  all  American  ships. 

Under  these  circumstances,  I  am  commanded  to  propose  to 
your  government  the  immediate  cessation  of  hostilities  between 
the  two  countries,  and  I  shall  be  most  happy  to  be  the  instru 
ment  of  bringing  about  a  reconciliation,  so  interesting  and  bene 
ficial  to  America  and  Great  Britain. 

I  therefore  propose  to  you,  that  the  government  of  the  United 
States  of  America  shall  instantly  recall  their  letters  of  marque 
and  reprisal  against  British  ships,  together  with  all  orders  and 
instructions  for  any  acts  of  hostility  whatever  against  the  territo 
ries  of  his  majesty  or  the  persons  or  property  of  his  subjects  ; 
with  the  understanding,  that,  immediately  on  my  receiving  from 
you  an  official  assurance  to  that  effect,  I  shall  instruct  all  the  of 
ficers  under  my  command  to  desist  from  corresponding  mea 
sures  of  war,  against  the  ships  and  property  of  the  United 
States,  and  that  I  shall  transmit  without  delay,  corresponding 
intelligence  to  the  several  parts  of  the  world  where  hostilities 
may  have  commenced ;  the  British  commanders  in  which, 
will  be  required  to  discontinue  hostilities  from  the  receipt  of 
such  notice. 

Should  the  American  government  accede  to  the  above  propo 
sal  for  terminating  hostilities,  I  am  authorised  to  arrange  with 
you  as  to  the  revocation  of  the  laws  which  interdict  the  com 
merce  and  ships  of  war  of  Great  Britain  from  the  harbours  and 
waters  of  the  United  States ;  in  default  of  which  revocation  with 
in  such  reasonable  periods  as  may  be  agreed  upon,  you  will  ob 
serve  by  the  order  of  the  23d  June,  the  orders  in  council  of  Jan 
uary,  1807,  and  April,  1809,  are  to  be  revived. 

The  officer  who  conveys  this  letter  to  the  American  coast  has 
received  my  orders  to  put  to  sea  immediately  upon  the  delivery 
of  this  dispatch  to  the  competent  authority;  and  I  earnestly  re 
commend  that  no  time  may  be  lost  in  communicating  to  me  the 
decision  of  your  government,  persuaded  as  I  feel  that  it  cannot 
but  be  of  a  nature  to  lead  to  a  speedy  termination  of  the  present 
differences. 


2D  SESS.]  STATE  PAPERS.  [25 

The  flag  of  truce  which  you  may  charge  with  your  reply  will 
find  one  of  my  cruisers  at  Sandy  Hook,  ten  days  after  the  land 
ing  of  this  dispatch,  which  I  have  directed  to  call  there  with  a 
flag  of  truce  for  that  purpose. 

I  have  the  honour  to  be,  with  the  highest  consideration,  sir, 
your  most  obedient  and  most  faithful  humble  servant, 

JOHN  BORLASE  WARREN, 
Admiral  of  the  Blue,  and  Commander  in  Chief,  £c. 

Mr.  Monroe  to  Sir  J.  B.  Warren. 
Sir,  Department  of  State,  Oct.  27,  1812. 

I  have  had  the  honour  to  receive  your  letter  of  the  30th  ult. 
and  to  submit  it  to  the  consideration  of  the  president. 

It  appears  that  you  are  authorized  to  propose  a  cessation  of 
hostilities  between  the  United  States  and  Great  Britain,  on  the 
ground  of  the  repeal  of  the  orders  in  council,  and,  in  case  the 
proposition  is  acceded  to,  to  take  measures  in  concert  with  this 
government,  to  carry  it  into  complete  effect  on  both  sides. 

You  state,  also,  that  you  have  it  in  charge,  in  that  event,  to 
enter  into  an  arrangement  with  the  government  of  the  United 
States  for  the  repeal  of  the  laws  which  interdict  the  ships  of  war 
and  the  commerce  of  Great  Britain  from  the  harbours  and  wa 
ters  of  the  United  States.  And  you  intimate,  that  if  the  pro 
position  is  not  acceded  to,  the  orders  in  council  (repealed  condi 
tionally  by  that  of  the  23d  of  June  last)  will  be  revived  against 
the  commerce  of  the  United  States. 

I  am  instructed  to  inform  you,  that  it  will  be  very  satisfactory 
to  the  president  to  meet  the  British  government  in  such  arrange 
ments  as  may  terminate  without  delay  the  hostilities  which  now 
exist  between  the  United  States  and  Great  Britain,  on  condi 
tions  honourable  to  both  nations. 

At  the  moment  of  the  declaration  of  war,  the  president  gave 
a  signal  proof  of  the  attachment  of  the  United  States  to  peace. 
Instructions  were  given  at  that  early  period  to  the  late  charge 
des  affaires  of  the  United  States  at  London,  to  propose  to  the 
British  government  an  armistice,  on  conditions  which  it  was  pre 
sumed  would  have  been  satisfactory.  It  has  been  seen  with  re 
gret  that  the  proposition  made  by  Mr.  Russell,  particularly  in 
regard  to  the  important  interest  of  impressment,  was  rejected, 
and  that  none  was  offered  through  that  channel,  as  a  basis  on 
which  hostilities  might  cease. 

As  your  government  has  authorized  you  to  propose  a  cessa 
tion  of  hostilities,  and  is  doubtless  aware  of  the  important  and 
salutary  effect  which  a  satisfactory  adjustment  of  this  difference 
cannot  fail  to  have  on  the  future  relations  between  the  two  courv 

VOL.  i.*  D  D 


26]  HISTORICAL  REGISTER.      [12TH  CONG 

tries,  I  indulge  the  hope  that  it  has,  ere  this,  given  you  full  pow 
er  for  the  purpose.  Experience  has  evinced  that  no  peace  can 
be  durable  unless  this  object  is  provided  for.  It  is  presumed, 
therefore,  that  it  is  equally  the  interest  of  both  countries  to  ad 
just  it  at  this  time. 

Without  farther  dis'cussing  questions  of  right,  the  president 
is  desirous  to  provide  a  remedy  for  the  evils  complained  of  on 
both  sides.  The  claim  of  the"  British  government  is  to  take 
from  the  merchant  vessels  of  other  countries,  British  subjects. 
In  the  practice,  the  commanders  of  British  ships  of  war  often 
take  from  the  merchant  vessels  of  the  United  States,  American 
citizens.  If  the  United  States  prohibit  the  employment  of  Bri 
tish  subjects  in  their  service,  and  enforce  the  prohibition  by  suit 
able  regulations  and  penalties,  the  motive  for  the  practice  is  ta 
ken  away.  It  is  in  this  mode  that  the  president  is  willing  to  ac 
commodate  this  important  controversy  with  the  British  govern 
ment,  and  it  cannot  be  conceived  on  what  ground  the  arrange 
ment  can  be  refused. 

A  suspension  of  the  practice  of  impressment,  pending  the  ar 
mistice,  seems  to  be  a  necessary  consequence.  It  cannot  be  pre 
sumed,  while  the  parties  are  engaged  in  a  negociation  to  adjust 
amicably  this  important  difference,  that  the  United  States  would 
admit  the  right  or  acquiesce  in  the  practice  of  the  opposite  par 
ty  ;  or  that  Great  Britain  would  be  unwilling  to  restrain  her 
cruizers  from  a  practice  which  would  have  the  strongest  tenden 
cy  to  defeat  the  negociation.  It  is  presumable  that  both  parties 
would  enter  into  the  negociation  with  a  sincere  desire  to  give  it 
effect.  For  this  purpose  it  is  necessary  that  a  clear  and  distinct 
understanding  be  first  obtained  between  them,  of  the  accommo 
dation  which  each  is  prepared  to  make.  If  the  British  govern 
ment  is  willing  to  suspend  the  practice  of  impressment  from 
American  vessels,  on  consideration  that  the  United  States  will 
exclude  British  seamen  from  their  service,  the  regulations  by 
which  this  compromise  should  be  carried  into  effect  would  be 
solely  the  object  of  negociation.  The  armistice  would  be  of 
short  duration.  If  the  parties  agreed,  peace  would  be  the  re 
sult.  If  the  negociation  failed,  each  would  be  restored  to  its 
former  state,  and  to  all  its  pretensions,  by  recurring  to  war. 

Lord  Castlereagh,  in  his  note  to  Mr.  Russell,  seems  to  have 
supposed,  that,  had  the  British  government  accepted  the  propo 
sition  made  to  it,  Great  Britain  would  have  suspended  imme 
diately  the  exercise  of  a  right,  on  the  mere  assurance  of  this  go 
vernment  that  a  law  would  be  afterwards  passed  to  prohibit  the 
employment  of  British  seamen  in  the  service  of  the  United 
States,  and  that  Great  Britain  would  have  no  agency  in  the  regu- 


2D  SESS.]  STATE  PAPERS.  [27 

lations  to  give  effect  to  that  prohibition.  Such  an  idea  was  not 
in  the  contemplation  of  this  government,  nor  is  it  to  be  reasona 
bly  inferred  from  Mr.  Russell's  note;  lest,  however,  by  possi 
bility  such  an  inference  might  be  drawn  from  the  instructions  to 
Mr.  Russell,  and  anxious  that  there  should  be  no  misunderstand 
ing  in  the  case,  subsequent  instructions  were  given  to  Mr.  Rus 
sell,  with  a  view  to  obviate  every  objection  of  the  kind  alluded 
to.  As  they  bear  date  on  the  27th  July,  and  were  forwarded  by 
the  British  packet  Althea,  it  is  more  than  probable  that  they 
may  have  been  received  and  acted  on. 

I  am  happy  to  explain  to  you  thus  fully  the  views  of  my  go 
vernment  on  this  important  subject.  The  president  desires  that 
the  war  which  exists  between  our  countries  should  be  terminat 
ed  on  such  conditions  as  may  secure  a  solid  and  durable  peace. 
To  accomplish  this  great  object  it  is  necessary  that  the  interest 
of  impressment  be  satisfactorily  arranged.  He  is  willing  that 
Great  Britain  should  be  secured  against  the  evils  of  which  she 
complains.  He  seeks  on  the  other  hand  that  the  citizens  of  the 
United  States  should  be  protected  against  a  practice  which, 
while  it  degrades  the  nation,  deprives  them  of  their  rights  as 
freemen,  takes  them  by  force  from  their  families  and  their  coun 
try  into  a  foreign  service,  to  fight  the  battles  of  a  foreign  power, 
perhaps  against  their  own  kindred  and  country. 

I  abstain  from  entering,  in  this  communication,  into  other 
grounds  of  difference.  The  orders  in  council  having  been  re 
pealed  (with  a  reservation  not  impairing  a  corresponding  right 
on  the  part  of  the  United  States),  and  no  illegal  blockades  re 
vived  or  instituted  in  their  stead,  and  an  understanding  being 
obtained  on  the  subject  of  impressment,  in  the  mode  herein 
proposed,  the  president  is  willing  to  agree  to  a  cessation  of  hos 
tilities,  with  a  view  to  arrange  by  treaty,  in  a  more  distinct  and 
ample  manner,  and  to  the  satisfaction  of  both  parties,  every 
other  subject  of  controversy. 

I  will  only  add,  that  if  there  be  no  objection  to  an  accommo 
dation  of  the  difference  relating  to  impressment,  in  the  mode 
proposed,  other  than  the  suspension  of  the  British  claim  to  im 
pressment  during  the  armistice,  there  can  be  none  to  proceeding 
without  the  armistice  to  an  immediate  discussion  and  arrange 
ment  of  an  article  on  that  subject.  This  great  question  being 
satisfactorily  adjusted,  the  way  will  be  open  for  an  armistice,  or 
any  other  course  leading  most  conveniently  and  expeditiously 
to  a  general  pacification. 

I  have  the  honour,  &c. 

JAMES  MONROE. 


28]  HISTORICAL  REGISTER.     [12TH  CONG. 

Letter  from  Mr.  Russell  to  the  Secretary  of  State,  inclosing  a 
correspondence  with  Lord  Castlereagh,  on  the  subject  of  the 
repeal  of  the  orders  in  council. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  25th  May,  1812. 

I  have  the  honour  to  hand  you  herein  a  copy  of  my  note  of 
the  20th  of  this  month,  communicating  to  lord  Castlereagh  a 
decree  of  the  French  government,  dated  the  28th  of  February, 
1811,  and  of  two  letters  of  the  French  ministers  of  the  25th  of 
December,  1810.  I  also  send  you  copies  of  that  decree,  and  of 
a  note  from  his  lordship  acknowledging  the  receipt  of  my  com 
munication,  and  engaging  to  submit  the  documents  above  men 
tioned  to  his  royal  highness  the  prince  regent.  I  have  the 
honour,  &c.  JONA.  RUSSELL. 

The  honourable  James  Monroe,  &c. 

'Mr.  Russell  to  Lord  Castlereagh. 

The  undersigned,  charge  d'affaires  of  the  United  States  of 
America,  has  the  honour  to  transmit  to  lord  Castlereagh  au 
thentic  copies  of  a  decree  purporting  to  be  passed  by  the  empe 
ror  of  the  French  on  the  28th  of  April,  1811,  of  a  letter  ad 
dressed  by  the  French  minister  of  finance  to  the  director  gene 
ral  of  the  customs  on  the  28th  December,  181O,  and  of  another 
letter  of  the  same  date  from  the  French  minister  of  justice  to 
the  president  of  the  council  of  prizes. 

As  these  acts  explicitly  recognize  the  revocation  of  the  Ber 
lin  and  Milan  decrees,  in  relation  to  the  United  States,  and 
distinctly  make  this  revocation  to  take  effect  from  the  1st  No- 
rember,  181O,  the  undersigned  cannot  but  persuade  himself 
that  they  will,  in  the  official  and  authentic  form  in  which  they 
are  now  presented  to  his  Britannic  majesty's  government,  re 
move  all  doubt  with  respect  to  the  revocation  in  question,  and, 
joined  with  all  the  powerful  considerations  of  justice  and  expe 
diency,  so  often  suggested,  lead  to  a  like  repeal  of  the  British 
orders  in  council,  and  thereby  to  a  renewal  of  that  perfect  amity 
and  unrestricted  intercourse  between  this  country  and  the 
United  States,  which  the  obvious  interests  of  both  nations  re 
quire.  The  undersigned  avails  himself,  &c. 

\8,Bentmck  st.  20th  May,  1812.      JONA.  RUSSELL. 

[TRANSLATION.]  Palace  of  St.  Cloud,  28th  April,  1811. 

Napoleon,  Emperor  of  the  French,  &c. 
On  the  report  of  our  minister  of  foreign  relations :     / 

Seeing  by  a  law  passed  on  the  2d  March,  1811,  the  congress 
of  the  United  States  has  ordered  the  execution  of  the  provi- 


2D  SESS.J  STATE  PAPERS.  [29 

sions  of  the  act  of  non-intercourse,  which  prohibits  the  vessels 
and  merchandise  of  Great  Britain,  her  colonies  and  dependen 
cies,  from  entering  into  the  ports  of  the  United  States. 

Considering  that  the  said  law  is  an  act  of  resistance  to  the  ar 
bitrary  pretensions  consecrated  by  the  British  orders  in  coun 
cil,  and  a  formal  refusal  to  adhere  to  a  system  invading  the 
independence  of  neutral  powers  and  of  their  flag  ;  we  have  or 
dered  and  do  decree  as  follows : 

The  decrees  of  Berlin  and  Milan  are  definitively,  and  to  date 
from  1  st  November  last,  considered  as  not  existing  in  regard  to 
American  vessels.  NAPOLEON. 

By  the  emperor,  the  minister  secretary  of  state, 

THE  COUNT  DARA. 

Lord  Castlereagh  to  Mr.  Russell* 

Foreign  Office,  May  23,  1812. 

Lord  Castlereagh  presents  his  compliments  to  Mr.  Russell, 
and  has  the  honour  to  acknowledge  the  receipt  of  his  official 
Bote  of  20th  instant,  transmitting  copies  of  two  official  letters  of 
the  French  ministers,  and  of  a  decree  of  the  French  govern 
ment,  bearing  date  the  28th  of  April,  1811.  Lord  Castlereagh 
will  immediately  lay  these  documents  before  his  royal  highness 
the  prince  regent,  and  avails  himself  of  this  opportunity  to  re 
new  to  Mr.  Russell  the  assurances  of  his  high  consideration. 

Jonathan  Russell,  Esq.  &Pc. 

Mr.  Russell  to  the  Secretary  of  State. 
Sir,  London,  26th  June,  1812. 

I  have  the  honor  to  hand  to  you  herein,  an  order  of  council  ol 
the  23d  of  this  month,  revoking  the  orders  in  council  of  the  7th 
of  January,  1807,  and  of  the  26th  of  April,  1809. 

To  this  decree  I  have  added  copies  of  two  notes  of  the  same 
date  from  lord  Castlereagh,  accompanying  the  communication 
of  it  to  me,  and  also  a  copy  of  my  answer. 

With  great  respect  and  consideration,  I  am,  &c. 

JONA.  RUSSELL. 

At  the  court  at  Carlton  House  the  ^d  of  June,  1812,  present 

his  Royal  Highness  the  Prince  Regent,  in  Council. 
Whereas  his  royal  highness  the  prince  regent  was  pleased 
to  declare,  in  the  name  and  on  the  behalf  of  his  majesty,  on  the 
21st  day  of  April,  1812,  u  that  if  at  any  time  hereafter  the  Ber 
lin  and  Milan  decrees  shall,  by  some  authentic  act  of  the 
French  government,  publicly  promulgated,  be  absolutely  and 
unconditionally  repealed,  then,  and  from  thenceforth,  the  order 


30]  HISTORICAL  REGISTER.     [12TH  CONG. 

in  council  of  the  7th  of  January,  1807,  and  the  order  in  council 
of  the  26th  of  April,  1 809,  shall,  without  any  further  order,  be, 
and  the  same  are  hereby  declared  from  thenceforth  to  be  wholly 
and  absolutely  revoked." 

And  whereas  the  charge  des  affaires  of  the  United  States  of 
America,  resident  at  this  court,  did,  on  the  20th  day  of  May 
last,  transmit  to  lord  viscount  Castlereagh,  one  of  his  majesty's 
principal  secretaries  of  state,  a  copy  of  a  certain  instrument  then 
for  the  first  time  communicated  to  this  court,  purporting  to  be  a 
decree  passed  by  the  government  of  France  on  the  28th  day  of 
April,  1811,  by  which  the  decrees  of  Berlin  and  Milan  are  de 
clared  to  be  definitively  no  longer  in  force  in  regard  to  Ameri 
can  vessels. 

And  whereas  his  royal  highness  the  prince  regent,  although 
he  cannot  consider  the  tenor  of  the  said  instrument  as  satisfying 
the  conditions  set  forth  in  the  said  order  of  the  21st  day  of  April 
last,  upon  which  the  said  orders  were  to  cease  and  determine,  is 
nevertheless  disposed  on  his  part  to  take  such  measures  as  may 
tend  to  re-establish  the  intercourse  between  neutral  and  bellige 
rent  nations  upon  its  accustomed  principles.  His  royal  high 
ness  the  prince  regent,  in  the  name  and  on  the  behalf  of  his  ma 
jesty,  is  therefore  pleased,  by  and  with  the  advice  of  his  majes 
ty's  privy  council,  to  order  and  declare,  and  it  is  hereby  ordered 
and  declared,  that  the  order  in  council  bearing  date  the  7th  day  of 
January,  1 807,  and  the  order  in  council  bearing  date  the  26th 
day  of  April,  1809,  be  revoked,  so  far  as  may  regard  American 
vessels,  and  their  cargoes  being  American  property,  from  the 
1st  day  of  August  next. 

But  whereas,  by  certain  acts  of  the  government  of  the  United 
States  of  America,  all  British  armed  vessels  are  excluded  from 
the  harbours  and  waters  of  the  said  United  States,  the  armed 
vessels  of  France  being  permitted  to  enter  therein,  and  the  com 
mercial  intercourse  between  Great  Britain  and  the  said  United 
States  is  interdicted,  the  commercial  intercourse  between  France 
and  the  said  United  States  having  been  restored,  his  royal  high 
ness  the  prince  regent  is  pleased  hereby  further  to  declare,  in  the 
name  and  on  the  behalf  of  his  majesty,  that  if  the  government 
of  the  said  United  States  shall  not,  as  soon  as  may  be,  after  this 
order  shall  have  been  duly  notified  by  his  majesty's  minister  in 
America  to  the  said  government,  revoke  or  cause  to  be  revoked 
the  said  acts,  this  present  order  shall  in  that  case,  after  due  notice 
signified  by  his  majesty's  minister  in  America  to  the  said  govern 
ment,  be  thenceforth  null  and  of  no  effect. 

It  is  further  ordered  and  declared,  that  all  American  vessels, 
and  their  cargoes  being  American  property,  that  shall  have 


SDSESS.]  STATE  PAPERS.  [31 

been  captured  subsequently  to  the  20th  of  May  last,  for  a  breach 
of  the  aforesaid  orders  in  council  alone,  and  which  shall  not 
have  been  actually  condemned  before  the  date  of  this  order, 
and  that  all  ships  and  cargoes  as  aforesaid,  that  shall  henceforth 
be  captured  under  the  said  orders  prior  to  the  first  day  of  Au 
gust  next,  shall  not  be  proceeded  against  to  condemnation  till 
further  orders  ;  but  shall,  in  the  event  of  this  order  not  be 
coming  null  and  of  no  effect,  in  the  case  aforesaid,  be  forthwith 
liberated  and  restored,  subject  to  such  reasonable  expenses  on 
the  part  of  the  captors  as  shall  have  been  justly  incurred. 

Provided  that  nothing  in  this  order  contained,  respecting  the 
revocation  of  the  orders  herein  mentioned,  shall  be  taken  to  re 
vive  wholly  or  in  part,  the  orders  in  council  of  the  llth  of  No 
vember,  1807,  or  any  other  order  not  herein  mentioned,  or  to 
deprive  parties  of  any  legal  remedy  to  which  they  may  be  en* 
titled  under  the  order  in  council  of  the  21st  April,  1812. 

His  royal  highness  is  hereby  pleased  further  to  declare,  in  the 
name  and  on  the  behalf  of  his  majesty,  that  nothing  in  this  present 
order  contained,  shall  be  understood  to  preclude  his  royal  high 
ness  the  prince  regent,  if  circumstances  shall  so  require,  from 
restoring,  after  reasonable  notice,  the  orders  of  the  7th  of  Janu 
ary,  1 807,  and  26th  of  April,  1 809,  or  any  part  thereof,  to  their 
full  effect,  or  from  taking  such  other  measures  of  retaliation 
against  the  enemy  as  may  appear  to  his  royal  highness  to  be  just 
and  necessary. 

And  the  right  honorable  the  lords  commissioners  of  his  ma 
jesty's  treasury,  his  majesty's  principal  secretaries  of  slate,  tire 
lords  commissioners  of  the  admiralty,  and  the  judge  of  the  high 
court  of  admiralty,  and  the  judges  of  the  courts  of  vice  admi 
ralty,  are  to  take  the  necessary  measures  herein,  as  to  them  may 
respectively  appertain.  JAMES  BULLER. 

Lord  Castlereagh  to  Mr.  Russell. 
Sir,  Foreign  Office,  June  23,  1812. 

I  am  commanded  by  the  prince  regent  to  transmit  to  you  for 
your  information,  the  enclosed  printed  copy  of  an  order  in  coun 
cil  which  his  royal  highness,  acting  in  the  name  and  on  the  be 
half  of  his  majesty,  was  this  day  pleased  to  issue,  for  the  revo 
cation  (on  the  conditions  therein  specified)  of  the  orders  in 
council  of  the  7th  January,  1807,  and  of  the  26th  of  April, 
1809,  so  far  as  may  regard  American  vessels  and  their  cargoes, 
being  American  property,  from  the  1st  August  next. 

I  have  the  honour  to  be,  £c.  CASTLEREAGH. 


32]  HISTORICAL  REGISTER.     [ISTH  CONG. 

Lord  Castlereagh  to  Mr.  Russell. 
Sir,  Foreign  Office,  June  23,  1812. 

In  communicating  to  your  government  the  order  in  council  of 
this  date,  revoking  (under  certain  conditions  therein  specified) 
those  of  January  7th,  and  of  April  26th,  1809,  I  am  to  request 
that  you  will  at  the  same  time  acquaint  them,  that  the  prince 
regent's  ministers  have  taken  the  earliest  opportunity,  after  the 
resumption  of  the  government,  to  advise  his  royal  highness  to 
the  adoption  of  a  measure  grounded  upon  the  document  com 
municated  by  you  to  this  office  on  the  20th  ultimo  ;  and  his  royal 
highness  hopes  that  this  proceeding,  on  the  part  of  the  British 
government,  may  accelerate  a  good  understanding  on  all  points 
of  difference  between  the  two  states. 

I  shall  be  happy  to  have  the  honour  of  seeing  you  at  the  fo 
reign  office  at  2  o'clock  to-morrow  ;  and  beg  to  apprize  you  that 
one  of  his  majesty's  vessels  will  sail  for  America  with  the  dis 
patches  of  the  government  in  the  course  of  the  present  week. 

I  have  the  honour  to  be,  &c.  CASTLEREAGH. 

Mr.  Russell  to  Lord  Castlereagh. 
My  lord,  18,  Bent'mck-street,  June  26,  1812. 

I  have  the  honour  to  acknowledge  the  receipt  of  the  two  notes 
addressed  to  me  by  your  lordship  on  the  23d  of  this  month,  in 
closing  an  order  in  council  issued  that  day  by  his  royal  highness 
the  prince  regent,  acting  in  the  name  and  on  the  behalf  of  his 
Britannic  majesty,  for  the  revocation  (on  the  conditions  therein 
specified)  of  the  orders  in  council  of  the  7th  of  January,  1807, 
and  of  the  26th  of  April,  1809,  so  far  as  may  regard  American 
vessels  and  their  cargoes,  being  American  property,  from  the 
first  of  August  next. 

In  communicating  this  document  to  my  government,  I  shall, 
with  much  satisfaction,  accompany  it  with  the  hopes  which  you 
state  to  be  entertained  by  his  royal  highness  the  prince  regent, 
that  it  may  accelerate  a  gbod  understanding  on  all  points  of  dif 
ference  between  the  two  states.  I  am  the  more  encouraged  to 
believe  that  these  hopes  will  not  be  disappointed,  from  the  assu 
rance  which  your  lordship  was  pleased  to  give  me,  in  the  con 
versation  of  this  morning,  that,  in  the  opinion  of  your  lord 
ship,  the  blockade  of  the  16th  of  May,  1806,  had  been  merged 
in  the  orders  in  council  now  revoked,  and  extinguished  with 
them  ;  and  that  no  condition  contained  in  the  order  of  the  23d 
instant,  is  to  be  interpreted  to  restrain  the  government  of  the 
United  States  from  the  exercise  of  its  right  to  exclude  British 
armed  vessels  from  the  harbours  and  waters  of  the  United 
States,  whenever  there  shall  be  special  and  sufficient  cause  for 


D2  SESS.]  STATE  PAPERS.  [33 

so  doing,  or  whenever  such  exclusion  shall,  from  a  general  poli 
cy,  be  extended  to  the  armed  vessels  of  the  enemies  of  Great 
Britain.  This  assurance  I  am  happy  to  consider  as  evidence  of 
a  conciliatory  spirit,  which  will  afford  on  every  other  pojnt  of 
difference  an  explanation  equally  frank  and  satisfactory. 
I  am,  my  lord,  with  gresft  consideration,  £c. 

JONA.  RUSSELL. 

Mr.  Russell  to  the  Secretary  of  State. 
Sir,  London,  2d  J  uly,  1812. 

I  avail  myself  of  the  opportunity  afforded  by  the  British 
packet,  to  transmit  to  you  a  copy  of  a  note  from  lord  Castle* 
reagh,  of  the  29th  ultimo,  which  I  trust  will  put  at  rest  the 
blockade  of  1806. 

I  acknowledged  the  receipt  of  this  note,  as  you  will  observe 
by  the  inclosed  copy  of  my  reply,  without  a  comment. 

I  did' not  think  it  useful  to  enter  into  a  discussion  at  this  mo 
ment  concerning  the  legality  of  that  blockade,  which,  as  no  new 
doctrine  appears  to  be  assumed,  is  made  to  depend  on  the  fact, 
the  application  of  an  adequate  force. 

In  like  manner  I  have  forborne  to  notice  his  lordship's  obser 
vations  concerning  the  exclusion,  from  our  ports,  of  British 
vessels  of  war.  As  such  exclusion  is  required  to  accord  with 
the  obligations  of  strict  neutrality  only,  the  conduct  and  cha 
racter  of  the  government  of  the  United  States  furnish  security 
against  any  question  arising  on  that  subject. 

I  have  the  honour  to  be,  &c.  JONA.  RUSSELL. 

Lord  Cautlereagh  to  Mr.  Russell. 

Foreign  Office,  June  29,  1812. 

Lord  Castlereagh  has  the  honour  to  acknowledge  the  receipt 
of  Mr.  Russell's  communication  of  the  26ih  instant. 

That  no  mistake  may  prevail  upon  the  explanation  given  in 
conversation  by  lord  Castlereagh  to  Mr.  Russell,  on  the  two 
points  referred  to  in  Mr.  Russell's  letter,  lord  Castlereagh  begs 
leave  to  re-state  to  Mr.  Russell,  with  respect  to  the  blockade  of 
May,  1806,  that,  in  point  of  fact,  this  particular  blockade  has 
been  discontinued  for  a  length  of  time  ;  the  general  retaliatory 
blockade  of  the  enemy's  ports,  established  under  the  orders  in 
council,  of  November,  1 807,  having  rendered  the  enforcement 
of  it  by  his  majesty's  ships  of  war  no  longer  necessary  ;  and  that 
his  majesty's  government  have  no  intention  of  recurring  to  this 
or  to  any  other  blockades  of  the  enemy's  ports,  founded  upon 
the  ordinary  and  accustomed  principles  of  maritime  law,  which 

VOL.  i.  E  E 


34]  HISTORICAL  REGISTER.     [12TH  CONG. 

were  in  force  previous  to  the  order  in  council,  without  a  new 
notice  to  neutral  powers  in  the  usual  forms. 

With  respect  to  the  provision  of  the  order  of  the  23d  instant, 
which  refers  to  the  admission  of  British  ships  of  war  into  the 
harbours  and  waters  of  the  United  States,  lord  Castlereagh  in 
forms  Mr.  Russell,  that  this  claim  ts  made  in  consequence  of 
his  majesty's  ships  being  now  excluded,  whilst  those  of  the  ene 
my  are  admitted.  It  is  the  partial  admission  of  one  of  the  bel 
ligerents  of  which  Great  Britain  feels  herself  entitled  to  com 
plain,  as  a  preference  in  favour  of  the  enemy,  incompatible  with 
the  obligations  of  strict  neutrality.  Were  the  exclusion  gene 
ral,  the  British  government  would  consider  such  a  measure,  on 
the  part  of  America,  as  matter  of  discussion  between  the  two 
states,  but  not  as  an  act  of  partiality  of  which  they  had  in  the 
first  instance  a  right  to  complain. 

Lord  Castlereagh  avails  himself  of  this  opportunity  to  renew 
to  Mr.  Russell  the  assurances  of  his  high  consideration. 

Mr.  Russell  to  Lord  Castlereagh. 

18,  Bentinck  street,  1st  July,  1812. 

Mr.  Russell  has  the  honour  to  acknowledge  the  receipt  of 
the  note  of  lord  Castlereagh,  dated  the  29th  ultimo,  containing 
explanations  relative  to  the  two  points  referred  to  in  Mr.  Rus 
sell's  note  of  the  26th  of  that  month,  and  will  take  the  earliest 
opportunity  of  communicating  it  to  his  government. 

Mr.  Russell  begs  leave  to  avail  himself  of  this  occasion  to 
repeat  to  lord  Castiereagh  the  assurances  of  his  high  conside 
ration. 

Mr.  Erving  to  the  Secretary  of  State,  inclosing  a  correspon 
dence  with  the  Danish  Minister  of  Foreign  Affairs. 

No.  16. 

Mr.  Erving  to  Mr.  Monroe,  Secretary  of  State. 
Sir,  Copenhagen,  April  12th,  1812. 

My  last  dispatch  upon  general  business  was  No.  12.  I 
therein  mentioned  the  case  of  the  "  Jane  Maria,"  which  had 
been  cut  out  of  the  port  of  Swinemunde  by  a  French  privateer. 
Subsequent  to  the  date  of  that  dispatch  the  captain  arrived,  but 
in  the  intermediate  time  a  Frenchman  had  been  put  on  board  as 
a  guard,  and  this  became  an  obstacle  to  her  departure.  My 
correspondence  with  Mr.  de  Rosenkrantz  on  this  affair  is  here 
with  submitted,  viz.  No.  1,  December  10th;  No.  2,  January 
llth  ;  No.  3,  January  15th  ;  No.  4,  January  15th  ;  No.  5,  Ja 
nuary  16th,  of  the  inclosures.  I  understand  that  one  of  the 
crew  of  the  "Jane  Maria"  has  appeared  before  a  notary,  and 


ABBESS.]  STATE  PAPERS.  [35 

sworn  that  whilst  the  vessel  lay  at  Swinemunde  she  had  commu 
nication  with  the  English,  and  was  to  have  gone  under  their 
convoy.  Should  this  declaration  prove  to  be  correct,  yet  I  pre 
sume  that  she  cannot  therefore  be  condemned.  The  French 
minister  does  not  however  find  himself  authorized  to  release 
her,  but  he  momentarily  expects  orders  from  his  government  on 
the  subject.  The  papers  of  the  vessel  are  in  my  possession. 

In  my  dispatch  No.  10,  I  mentioned  that  of  the  cases  which 
were  pending  on  my  arrival  in  Copenhagen,  the  "  Minerva 
Smith,"  Mann,  only  remained  to  be  adjudged,  and  that  I  had 
sought  to  delay  it  for  the  purpose  of  procuring,  and  in  the  hope 
of  introducing  before  the  tribunal,  some  further  evidence.  A 
part  of  the  evidence  to  which  I  referred  was  soon  afterwards 
received  from  England,  and  laid  before  the  minister  of  state  in 
a  note  of  December  13th;  a  copy  (No.  6)  is  inclosed,  as  it 
serves  to  explain  the  peculiar  difficulties  under  which  this,  a 
property  of  very  great  value,  was  placed.  No  change  having 
been  produced  by  this  representation  in  the  opinion  of  the  high 
court,  I  obtained  that  the  case  should  be  laid  before  the  Danish 
chancery  ;  and  the  report  of  that  body  not  being  sufficiently  full 
and  satisfactory,  the  case  was  transferred  to  the  Sleswic  Hoi- 
stein  chancery  (on  the  king's  own  suggestion),  as  Kiel,  where 
the  vessel  was  taken,  being  within  the  jurisdiction  of  that  chan 
cery,  the  affair  was  not  properly  cognizable  by  the  Danish  chan 
cery.  These  various  operations  consumed  a  great  deal  of  time  ; 
but  finally,  towards  the  latter  end  of  Februarv,  the  Sleswic 
Holstein  chancery  produced  a  very  laborious  and  voluminous 
report  in  favour  of  the  case,  pursuant  to  which  his  majesty 
ordered  the  high  court  to  pass  sentence  of  acquittal. 

With  my  aforementioned  dispatch,  No.  10,  was  transmitted 
a  copy  of  a  note  to  Mr.  de  Rosenkrantz  (of  September  28), 
respecting  the  then  pending  cases  generally.  Siill  further  to 
promote  the  object  of  it,  I  again  addressed  him  on  November 
3d,  and,  in  the  progress  of  the  business,  perceiving  that  the 
high  court  had  lost  nothing  of  its  disposition  to  condemn,  and 
had  actually  determined  to  sacrifice  one  of  the  clearest  cases  in 
the  whole  list  (the  "  Brutus"),  on  the  13th  December,  I  thought 
it  necessary  to  require  that  its  proceedings  should  be  arrested, 
and  its  opinions  submitted  to  the  king  through  his  chancery 
(those  two  notes  are  Nos.  7  and  8  of  the  inclosed]  j  the  neces 
sary  order  was  immediately  given,  and  thus  two  or  three  cases 
were  saved  from  condemnation.  But  though  the  report  of  the 
chancery  on  the  case  of  the  u  Brutus"  was  favourable,  that  ves 
sel  was  filially  condemned;  the  particular  circumstances  of  her 
case  will  be  seen  in  my  note  to  Mr.  de  Rosenkrantz  of  April 


36]  HISTORICAL  REGISTER.     [ISTH  CONG. 

10th,  and  the  sentence  of  the  tribunal  (No.  7  B  and  8  B  of 
the  inclosed  papers). 

At  the  date  of  the  said  dispatch  No.  10,  there  were  ten  cases 
depending,  exclusive  of  French  captures,  and  inclusive  of  the 
u  Hannah"  and  "  Two  Generals,"  double  captures,  as  appears 
by  the  list  which  was  therewith  transmitted.  In  dispatch  No. 
11,  I  mentioned  the  release  of  the  "Horace"  and  u  Augustus," 
two  of  the  list,  so  that  there  were  at  that  time  only  six  cases  of 
simple  capture  depending.  I  have  now  the  satisfaction  of  in 
forming  you  that  the  whole  of  these  have  been  acquitted,  the 
u  Brutus"  as  above  mentioned  only  excepted.  The  "  Hannah" 
and  "  Two  Generals"  must,  I  fear,  be  determined  in  Paris. 
The  French  government  has  proposed  to  the  Danish  that,  with 
out  reference  to  these  questions  of  jurisdiction,  which  have  al 
ways  been  found  so  difficult  to  arrange  to  the  satisfaction  of  all 
parties,  the  simple  rule  shall  be  adopted  of  determining  the 
question  of  prize  in  the  tribunals  of  the  country  to  which  the 
captor  may  belong,  in  all  cases  where  he  may  possess  himself  of 
the  captured  vessel's  papers.  This  proposition  has  not  been, 
nor  do  I  believe  that  it  will  be,  acceded  to  by  the  Danish  go 
vernment  ;  yet,  sir,  you  will  readily  perceive,  that  if  the  French 
government  should  persist,  there  can  be  very  little  expectation 
of  our  obtaining  from  this,  the  release  of  a  vessel  which  may 
have  been  condemned  by  the  council  of  prizes.  There  is  even 
some  reason  to  apprehend  that  it  will  so  persist,  since  the 
French  consul  has  now  received  orders  from  the  minister  of 
marine  to  transmit  to  Paris  the  papers  of  the  ship  "  Olive 
Branch,"  which,  as  mentioned  in  my  dispatch  No.  12,  was  seiz 
ed  under  the  very  guns  of  the  fort  of  Nyborg,  and  this  case  is 
peculiarly  strong,  since  the  "  Olive  Branch"  had  his  Danish  ma 
jesty's  licence  on  board.  But  I  must  in  this  place  also  mention 
that  my  correspondence  with  Mr.  Desaugiers  (lately  French 
charge  d'affaires  here),  which  was  submitted  to  you  with  dispatch 
No.  8,  having  been  also  submitted  to  his  government,  he  is  now 
answered  by  the  duke  of  Bassano,  in  terms  strongly  reprehend 
ing  the  excesses  of  the  corsairs  in  general,  and  particularly  re 
proving  their  practice  of  hoisting  the  French  flag  on  board  the 
vessels  captured,  of  which  he  strictly  forbids  the  recurrence. 

The  "  Rachel,"  "  Rover,"  and'  "  Packet,"  three  vessels 
(on  the  pending  lists  heretofore  transmitted)  which  have  been 
released,  being  partly  laden  with  "  colonial  produce,"  were, 
pursuant  to  the  established  regulations  with  regard  to  vessels  so 
laden,  ordered  to  quit  the  port  and  to  proceed  on  their  voyages ; 
the  French  privateers  were  then  watching  for,  and  would  infal 
libly  have  captured  them  on  their  departure.  The  copies  here- 


OBSESS.]  STATE  PAPERS.  [37 

with  inclosed,  viz.  my  notes  to  Mr.  de  Rosenkrantz  of  Novem 
ber  27t  28,  and  29  (Nos.  9,  10,  and  11),  Mr.  de  Rosenkrantz 
his  unofficial  note  of  December  1st  (No.  12),  my  reply  of  same 
date  (No.  13),  Mr.  de  Rosenkrantz  his  official  note  of  Decem 
ber  2d  (No.  14),  relate  to  this  matter,  which  you  will  be  pleas 
ed  to  observe  was  very  satisfactorily  settled. 

The  last  list  of  vessels  which  had  passed  this  way,  was  dated 
October  9  ;  since  then  %  few  scattered  vessels  have  presented 
themselves,  viz. 
The  "Dolphin,"  Latham,!    frOm.  Petersburg  to  the  United 

'<  America,"  Briggs,  States'  Passed  wlthout  mter- 

J  ruption. 

41  Ann,"  How,  arrived  safely  at  Christiansand. 
•ft  Sally,"  Brown,  turned  away  from  Amsterdam  by  the  Eng 
lish,  continued  her  voyage  towards  this  place,  and  was 
wrecked  on  the  coast  of  Jutland. 

**  Adriana,"  Abrahams,  of  Baltimore,  belonging  to  Smith  &  co. 
with  a  cargo  of  hides,  convoyed  by  the  Danes  from 
Gottenburg  to  Copenhagen  (having  Danish  license), 
cargo  sold  in  Copenhagen,  and  re-convoyed  to  El- 
sineur. 
"  Colilmbia,"  Jennison  (owners  unknown),  from  St.  Ubes  with 

salt,  much  under  the  same  circumstances. 
u  Swanwick,"  Clark,  with  a  cargo  of  tobacco,  property  of  Pratt 

and  Kintzing,  of  Philadelphia,  do.  do. 

a  Asia,"  Ormsby  (Brown  and  Ives,  of  Providence),  with  3500 
chests  of  tea,  arrived  at  Gottenburg  some  months 
since,  in  her  voyage  from  thence  to  Copenhagen,  cap 
tured  by  a  Danish  privateer,  but  immediately  released, 
having  the  king's  permission  to  come  hither  and  sell. 
This  completes  the  account  of  our  trade  for  the  last  year,  as 
far  as  particulars  have  come  to  my  knowledge.     In  my  dispatch 
No.  12,  I  transmitted  certain  statements  relating  to  that  trade  ; 
triplicate  of  those  statements  were  sent  with  No.  14,  with  the 
addition  of  a  printed  tariff  of  the  duties  payable  on  all  merchan 
dize  passing  through  the  Sound  :  a  duplicate  of  the  tariff  is 
herewith  inclosed.     I  have  lately  seen  a  printed  statement  of 
our  exports   from  Petersburg  during  the  last  year,  made  by  a 
commercial  house  of  that  place.     It  agrees  in  general  with  the 
document  No.  3,  inclosed  with  my  aforesaid  dispatch.     It  is, 
however,  more  complete  as  to  the  number  of  vessels,  including 
all  those  which  went  up  through  the  Belt,  and  gives  a  total  of 
127  (noting  that  in  1810,  the  total  was  100  only),  but  states 
that  29  of  the  127  were  bound  to  European  ports,  having  as 
part  ef  their  cargoes  23,615  poods  off-ax!     Most  of  these  29 


38]  HISTORICAL  REGISTER.     [ISTH  CONG. 

probably  returned  through  the  Belt ;  such  as  passed  the  Sound 
must  have  had  false  clearances.  In  the  course  of  judicial  in 
vestigations  the  Danes  have  already  discovered,  as  is  supposed, 
sufficient  grounds  of  distrusting  the  character  of  our  commerce  : 
such  printed  information  from  what  is  called  a  "  respectable 
American  house"  at  Petersburg,  recommending  itself  to  its 
correspondents  by  this  species  of  industry,  cannot  fail  to  aug 
ment  that  distrust. 

All  the  old  and  new  cases  being  now  disposed  of,  I  herewith 
inclose  a  table  (No.  19)  bringing  the  whole  of  them,  and  the  pro 
ceedings  which  have  been  had  on  them,  into  one  view.  I  beg 
you,  sir,  to  observe,  that  of  38  cases  of  Danish  capture  ON  THE 
LIST  OF  1811,  there  have  been  only  three  appeals  of  the  cap 
tors  against  the  sentences  of  acquittal  given  b^  the  inferior  tri 
bunal,  so  little  have  been  their  expectations  of  procuring  final 
condemnation,  and  that  excepting  the  three  English  and  Eng 
lish  license  cases  ("  President,'*  "  Neptune,"  and  "  Aurora,") 
there  has  been  but  one  final  condemnation,  viz.  the  "  Brutus." 

I  hope  that  upon  the  whole  this  view  will  be  satisfactory  to 
the  president.  Mr.  de  Rosenkrantz  told  me  in  an  early  inter 
view,  that  the  administration  of  justice  was  as  impartial  and  as 
prompt  here  as  in  any  other  country  ;  he  added  (referring  to  the 
dispositions  of  the  king)  that  in  future  we  should  have  nothing 
to  complain  of.  How  far  his  assertion  was  correct,  or  his  pro 
mise  has  been  complied  with,  I  will  not  presume  to  determine  ; 
but  I  must  do  that  minister  the  justice  to  say  that  he  spoke  with 
perfect  sincerity,  and  under  impressions  the  most  just  and  friend 
ly,  and  to  believe,  that  where  the  results  fall  short  of  our  expecta 
tions,  it  has  not  been  from  any  failure  of  those  dispositions. 

I  have  taken  occasion  in  former  dispatches  to  mention,  and 
in  frequent  representations  to  Mr.  de  Rosenkrantz  to  remon 
strate,  against  the  practices  of  fining  and  taxing  vessels  acquit 
ted  in  the  tribunals.  These  practices,  nearly  indiscriminate  as 
they  are,  I  found  to  be  quite  unreasonable,  in  their  application 
frequently  most  unjust ;  yet,  after  all,  for  the  amount  of  the  ex 
actions,  they  are  not  oppressive,  perhaps  had  they  been  abolish 
ed  altogether,  we  might  not  have  had  quite  so  many  vessels 
captured  ;  there  would  certainly  have  been  more  appeals,  and 
might  have  been  more  condemnations.  The  lists  herewith  en 
closed  (paper  marked  No.  20)  shew  the  sums  which  the  cases 
have  been  charged  under  the  several  heads  of  costs,  fines,  and 
two  per  mille  tax  in  the  tribunals  of  Copenhagen  :  the  two  per 
mille  goes  to  the  king's  coffer  ;  the  fine  goes  to  the  captor  for 
his  trouble  in  capturing,  where  he  is  supposed  to  have  had  just 
grounds  of  suspicion  ;  the  court  expenses  are  invariable  forty 


2o  SESS.]  STATE  PAPERS.  [39 

rix  dollars  (equal  to  five  and  a  half  dollars)  in  each  case.  There 
are  no  other  expenses  but  advocate's  fees  :  here,  as  in  all  coun 
tries,  the  amount  of  these  is  settled  by  agreement  between  the 
council  and  the  client  j  in  the  inferior  tribunal  no  advocate  is 
employed. 

The  situation  of  the  masters  of  our  vessels  condemned  here, 
was  formerly  made  the  more  distressing,  by  the  prosecutions  to 
which  they  were  exposed,  on  account  of  wages  due  to  their  sail 
ors,  the  laws  here  compelling  them  to  provide  for  their  crews  : 
these  laws  had  been  executed  with  great  rigour,  and  large  sums 
had  been  frequently  adjudged  to  be  paid  by  masters,  who  could 
scarcely  find  credit  for  their  own  subsistence.  The  consul  had, 
by  frequent  representations,  endeavoured  to  remedy  this  evil, 
but  without  success.  When  I  came  to  act  in  this  matter,  I  was 
answered,  that  if  the  master  deceived  the  men  by  engaging 
them  in  a  vessel  which  was  not  in  fact  American,  as  he  pre 
tended,  it  was  but  just  that  he  should  pay  them,  his  sufferings 
then  were  chargeable  only  to  his  own  misconduct :  however,  I 
finally  obtained  that  it  should  be  laid  before  the  chancery  ;  that 
tribunal,  by  a  report  of  January  11,  adopted  by  his  majesty,  de 
creed  that  *'  no  law-suit  regarding  the  wages  due  to  North  Ame 
rican  mariners  from  their  captains  shall  be  admitted  before  the 
tribunals."  I  did  not  succeed  in  obtaining  payment  for  the  men 
out  of  the  condemned  vessel,  but  on  this  point  thought  it  not 
prudent  to  go  fur. 

With  the  most  perfect  respect  and  consideration,  I  have  the 
honour  to  be,  sir,  your  very  obedient  servant, 

GEORGE  W.  ERVING. 
Mr.  Monroe,  Secretary  of  State. 

No.  7.  B. 

Mr.  Erning  to  Mr.  de  Rosenkrantz. 
Sir,  Copenhagen,  April  10, 1 8 1 2. 

In  one  of  the  first  interviews  which  I  had  with  your  excel 
lency,  you  assured  me,  on  the  part  of  his  majesty,  u  That  for 
the  future  the  United  States  should  have  nothing-  to  complain 
of."  Fully  relying  then  on  the  good  faith  and  friendly  senti 
ment  in  which  this  declaration  was  made,  to  those  favourable 
dispositions  of  his  majesty  I  have  addressed  all  my  subsequent 
reclamations  ;  and  the  reports  which  I  have,  from  time  to  time, 
submitted  to  my  government,  have  corresponded  to  the  har 
mony  thus  established  in  our  proceedings.  Judge  then,  sir, 
with  what  extreme  concern  and  regret  I  now  find  myself  under 
the  necessity  of  protesting  and  reclaiming  against  a  sentence  of 
the  high  court  of  admiralty,  grounded  on  the  king's  own  deci- 


40]  HISTORICAL  REGISTER.    [12™  CONG. 

sion,  against  the  American  ship  Brutus  and  her  cargo,  the  ge 
nuine  property  of  American  citizens,  in  favour  of  which  I  have 
been  for  several  months  negociating  with  your  excellency  ;  res 
pecting  which  I  have  furnished  documentary  evidence  of  great 
importance,  and  the  circumstances  of  which  I  was  so  fully  au 
thorized  to  consider  as  peculiarly  favourable  :  judge,  sir,  of  the 
concern  with  which  I  see,  in  the  sentence  now  given,  that  the 
reclamation  which  I  have  made  in  this  case,  has  been  passed 
over ;  the  documents  which  I  have  furnished  have  been  set 
aside,  and  that  grounds  for  condemnation  have  been  assumed, 
wholly  insufficient,  and,  in  part,  even  contrary  to  facts  as  estab 
lished  by  those  documents.  I  am  perfectly  certain,  that  his  ma 
jesty  does  not  believe  rtiat  I  am  capable  of  attempting  to  support 
any  cause  but  the  just  cause  of  a  genuine  American  citizen,  nor 
shall  I  readily  abandon  the  conviction,  that  he  is  still  actuated  by 
the  just  and  friendly  dispositions  which  motived  the  declaration 
above  cited  ;  hence  I  must  presume  that  the  misrepresentations 
which  have  been  made  to  him,  and  the  influence  which  has  been 
produced  in  his  mind,  on  the  present  occasion,  are  of  a  very  ex 
traordinary  character.  This  conclusion  is  the  more  unavoidable, 
since,  certainly,  I  have  long  since  succeeded  in  convincing  your 
excellency,  who  has  such  high  and  indisputable  title  to  the  en 
tire  confidence  of  his  majesty,  that  the  cause  of  the  Brutus  is  a 
just  one  ;  nor  can  I  in  this  view  fail  to  notice  that  the  opinion  ot 
the  chancery  was  in  its  favour  ;  that  there  was  a  division  of  opi 
nion  among  the  members  of  the  high  court,  and  that  the  vessel 
was  fully  acquitted  by  the  inferior  court  in  Norway.  By  my 
note  of  December  13,  1811,  I  furnished  to  your  excellency 
proofs  that  the  captor's  appeal  from  that  sentence  had  been 
made  only  because  the  American  captain  (Fenno)  refused  to 
pay  600O  rix  dollars  by  way  of  compromise,  and  this  complaint 
having  been  laid,  by  his  majesty's  order,  before,  and  having 
been  duly  investigated  by,  the  chancery,  was  deemed  to  be  so 
well  founded  and  so  reasonable,  that  a  new  and  severe  law  upon 
that  subject  was  judged  to  be  expedient.  This  is,  in  fine,  the 
only  case  which  has  come  before  the  king  wherein  he  has  de 
cided  unfavourably  against  a  prior  sentence  of  acquittal  by  one 
of  his  tribunals  ;  and  it  is  the  only  case,  as  far  as  I  know,  where 
in,  a  difference  of  opinion  amongst  the  members  of  the  high 
court  existing,  he  has  not  decided  in  favour  of  the  claimant. — 
To  the  just  and  liberal  principles  which  actuated  his  majesty 
on  such  occasions,  in  this  case  was  added  that  which,  even  in 
default  of  other  favourable  circumstances,  it  was  to  be  supposed 
could  not  but  determine  him  to  release  the  vessel — the  offer  on 
the  part  of  the  captors,  and  the  refusal  on  the  part  of  the  Ame- 


STATE  PAPERS.  [41 

rican  captain  to  compromise ;  for  what  stronger  presumption  can 
be  furnished  against  the  justice  of  the  captors'  claim  than  their 
offer  to  compromise  it  for  a  small  sum,  or  what  more  favourable 
to  a  belief  in  the  American  captain's  innocence  than  his  refusal 
to  pay  that  sum  ? 

By  the  copy  of  the  sentence  which  I  have  herewith  the  honour 
to  inclose,  your  excellency  will  perceive  that  the  tribunal  has 
commenced  by  an  assertion  that  captain  Fenno,  during  his  de 
tention,  attempted  to  escape,  and  that,  upon  this  supposed  at 
tempt,  are  grounded  its  u  suspicions ;"  but  in  the  note  which  I  ad 
dressed  to  you  on  the  4th  January,  I  inclosed  a  document  which 
proved  most  incontestibly  that  no  such  attempt  was  made,  and 
that  the  assertions  ef  the  captors,  in  this  respect,  \vere  altogether 
false.  How  astonishing  then  that  the  high  court  should  venture 
to  place  its  sentence  on  such  ground.  The  other  motives  men 
tioned  in  the  sentence,  considered  as  objections  to  the  neutrality 
of  this  ship  and  car  go,  are  scarcely  entitled  to  comment.  What 
if  different  hand  writings  are  found  in  a  sea  letter  which  issues 
from  a  department  where  many  clerks  are  employed  ?  what  if 
41  omissions"  or  "  errors"  in  such  or  other  documents  ?  I  must 
observe,  however,  that  the  sea  letter  in  question  was  submitted 
to  the  examination  of  the  American  consul,  Mr.  Saabye,  and 
that  he  gave  a  formal  certificate  that  the  paper  wras  genuine  ; 
which  certificate  was  submitted  to  the  court  by  the  claimant's 
counsel.  As  to  the  certificates  of  the  French  consul,  the  American 
captains  must  receive  them  as  the  consuls  may  please  to  give  them, 
with  whatever  errors  or  absurdities  they  may  contain.  But  it  is 
worthy  of  particular  observation,  that  the  objection  made  in  this 
ease  to  the  French  consul's  certificate  originated  in  the  tribunal 
itself;  the  captor  did  not  deem  that  certificate  to  be  of  any  impor 
tance;  no  objection  was  taken  to  it  in  any  of  the  prior  proceedings; 
the  counsel  of  the  American  captain,  of  course,  had  not  any  oppor 
tunity  of  defending  his  client  on  that  head.  We  herein  see  an 
innovation  on  judicial  proceedings,  of  a  character  entirely  novel : 
the  court  placing  itself  in  the  situation  of  the  accusing  party, 
and  condemning  the  property  in  litigation,  on  grounds  not  as 
sumed  by  the  captor.  The  only  documents  of  real  importance 
to  be  considered  are,  1st.  the  register ;  is  it  or  is  it  not  a  genuine 
document,  proving  the  vessel  to  be  the  property  of  the  persons 
therein  named  ?  2d.  the  clearance  ;  did  the  vessel  or  did  it  not 
come  from  New-Orleans,  as  the  captain  pretends  ?  3d.  the  bills 
of  lading  and  invoice ;  do  they  or  do  they  not  describe  the  cargo 
actually  on  board  ?  These  points  satisfactorily  established,  what 
else  can  be  warning  where  the  intention  is  to  do  justice  to  the 
captured,  and  to  respect  the  neutral  rights  of  the  countrv  to  which 

VOL.  i.  F  r 


42]  HISTORICAL  REGISTER.       [ISTH  CONG. 

he  belongs  ?  I  can  assure  your  excellency,  in  fine,  that  of  all  the 
decisions  which  have  taken  place  since  my  arrival  here,  the  one 
now  in  question  is  the  most  extraordinary  ;  if,  amongst  all  the 
just  cases  in  which  I  have  interfered,  there  was  one  which  ap 
peared  to  me  to  stand  most  clear  from  difficulties  of  all  kinds,  it 
was  this  of  the  Brutus  ;  and  I  was  still  more  gratified,  in  the  con 
fidence  which  I  have  indulged  that  the  vessel  would  be  acquit 
ted,  because  it  is  the  last  remaining  on  the  list  of  the  captures 
which  have  occurred  since  my  arrival  here.  What  may  be  the 
merits  of  the  captors,  in  the  view  of  the  king,  I  will  not  presume 
to  conjecture  ;  but  I  am  sure  that  they  cannot  have  any  which 
can  interfere  with  a  due  application  of  his  majesty's  just  princi 
ples,  or  any,  in  relation  to  this  case,  which  are  not  founded  on 
misrepresentation.  I  must,  therefore,  earnestly  request  that 
your  excellency  will  lay  this  representation  before  him,  and  I  do 
confide  that,  when  his  majesty  sees  what  I  have  stated,  and  is 
pleased  to  consider  the  inclosed  sentence  of  his  tribunal,  he  will 
think  proper  to  reverse  it,  and  to  order  the  restitution  of  thfe 
property  thus  condemned. 

I  have  the  honour,  &c. 

(Signed)  GEORGE  W.  ERVING. 

His  excellency  Mr.  De  Rosenkrantz, 
first  minister  of  state,  &c. 

No.  8.  B. 

[Translation  from  the  Danish.] 

Copy  of  the  sentence  pronounced  by  the  high  court  of  Admiralty  t 
in  the  case  No.  164 


Captain  John  Fenno, 

against  ' 

J.  T.  Samuelsen,  and  other  privateer  captains. 

As  captain  Fenno's  conduct  during  the  detention,  in  endea 
vouring  to  escape  the  privateers,  must  render  him  suspicious, 
and  therefore  authorize  the  capture,  so  his  later  conduct  affords 
a  grounded  reason  for  calling  his  neutrality  into  question. 

Besides,  in  the  very  documents  by  which  captain  Fenno  wants 
to  prove  the  nationality  of  the  vessel  and  the  legality  of  the  voy 
age,  there  are  found^such  deficiencies,  that  the  precepts  contain 
ed  in  the  prize  act  in  this  respect  cannot  be  looked  upon  as  being 
accomplished. 

1.  The  sea  letter  is  not  in  the  usual  order  ;  as  partly  it  is  not 
filled  out,  and  partly  an  elucidation  is  wanting  in  several  places 
respecting  the  domicil  and  burthen  of  the  vessel.  The  only 
place  where  the  burthen  is  mentioned  is  perceptibly  added  by 


2D  SESS.J  STATE  PAPERS,  [43 

the  strange  hand.     Thus  the  sea  letter  can  only  be  considered 
as  a  blank,  arranged  per  males  artes  for  the  use  of  this  vessel. 

2.  The  attest  found  on  the  certificate  of  the  cargo,  under  the 
name  of  the  French  consul,  must  be  false.  Though  the  French 
consuls  might  still,  in  the  year  1811,  have  made  use  of  the  insig 
nia  of  the  French  republic,  still  it  can  no  wise  be  admitted  that 
words  without  meaning  should  have  been  inserted  in  their  seals, 
which  words  are  even  put  in  a  reversed  manner.  Thus  this 
seal  must  be  counterfeited,  by  which  no  caution  nor  accuracy  has 
been  observed  in  order  to  imitate  the  true  one.  But  if  the  seal 
be  considered  as  false,  it  also  follows  from  thence,  that  the  same 
must  hold  good  with  respect  to  the  attest,  the  genuineness  of 
which  the  seal  is  to  confirm,  and  from  this  it  further  results,  in 
pursuance  of  the  prize  act,  and  his  majesty's  resolution  commu 
nicated  under  the  23d  October,  18 1O,  to  this  high  court,  that 
such  a  false  attest  vitiates  the  authenticity  of  all  the  other  docu 
ments  even  if  they  are  in  apparent  order  : 

DECREED, 

The  ship  Brutus,  John  Fenno,  master,  together  with  her  car 
go,  litigated  in  this  case,  are  hereby  adjudged  to  Jens  Tobias 
Samuelsen,  and  other  privateer  captains,  as  a  good  prize.  The 
court  charges  of  the  prize  court  shall  be  paid  out  of  the  ship  and 
cargo.  For  the  rest  the  costs  of  the  process  are  annulled. 

The  high  court  of  Admiralty  in  Copenhagen,  the 

7th  April,  1812. 

(Signed)  WLEUGEL. 

I  certify  the  correctness  of  the  copy. 

(Signed)  N.  TERBOL. 

I  certify  that  I  have  truly  and  faithfully  translated  the  above 
from  the  Danish. 

Witness  my  hand  and  seal  of  office, 
Copenhagen,  the  8th  of  April,  1812. 

(Seal.)  N.HENRIQUES, 

Translator  Royal, 

No.  20. 

Extract  from  the  list  of  vessels  captured  or  detained  in  the 
year  1811.  This  extract  being  of  those  which  were  tried  and 
released  by  sentences  of  the  prize  court  in  Copenhagen,  from 
which  the  captors  did  not  appeal ;  and  showing  the  amount  of 
costs,  fines,  and  taxes  under  the  2  per  mille  law,  paid  in  virtue 
of  said  sentences. 


44] 


Vessels. 

Phoenix, 

Swift, 

Augustus, 

Dover, 

William, 

Experiment, 

Swift, 

Zodiac, 

Egeria, 

George, 

Sukey, 

Lion, 

Concordia, 

Packet, 

Jane  Maria, 

Rover, 

Augustus, 

Horace, 


HISTORICAL  REGISTER.     [12TH  CONO. 


Court 

Captains.           2  per  Mille.  Expenses.  Fines. 
Rix  dls.  Rix  dls.  Rix  dls. 

Freeman, 

92 

40 

800 

Clarkson, 

25O 

40 

Flint, 

600 

40 

400 

Burrough, 

118 

40 

30 

Goodwin, 

92 

40 

30 

Vibbert, 

320 

4O 

150 

Daggett, 

160 

40 

Miller, 

1,212 

40 

800 

Law, 

902 

4O 

Howland, 

320 

40 

Osgood, 

400 

40 

Jones, 

1,412 

4O 

1,000 

Johnson, 

2,000 

40 

Somes, 

648 

40 

1,000 

Moffat, 

36 

40 

600 

Groves, 

392 

40 

600 

Flint, 

1,094 

40 

1,50O 

Leach, 

828 

40 

1,500 

10,876 

Amount  of  2  per  mille,          1 0,876 
Ditto  expenses,  720 

Ditto  fines,  8,410 


720        8,410 


Total  amount,  20,006  rix  dollars. 

N.  B.  The  Danish  rix  dollar  may  be  estimated,  in  this  ac 
count,  at  an  average  of  seven  and  a  half  equal  to  one  Spanish. 

This  extract  does  not  contain  the  vessels  released  by  the  prize 
court  in  Norway,  viz:  "  Hcebe,"  Person,  "  Pilot,"  Gower,  "  In 
dustry,"  Cook/"  Fame,"  Perry,  "  Comet,"  Dennis. 

Nor  the  "  Rachel"  Mattenly, released  at  Aalborg. 

Nor  the  u  Delaware,"  Gill,  and  "  Dolphin"  Latham,  which 
were  released  on  the  preliminary  examinations. 

Nor  the  "  Herald"  Silsby, which  was  neither  fined  nor  taxed, 
but  received  eight  Spanish  dollars  for  each  day's  detention,  all 
costs  paid  by  the  captor. 

Extract  from  the  list  of  cases  which  were  pending  on  the  30th 
May,  1811,  and  of  those  which  occurred  during  the  year  1811, 
subsequent  to  the  30th  May.  This  extract  containing  all  such 
cases  as  have  been  acquitted  on  appeals  to  the  high  court  of  ad 
miralty  in  Copenhagen,  and  showing  the  amount  of  costs,  fines, 


2D  SESS.]  STATE  PAPERS.  [45 

and  taxes  under  the  2  per  mille  law,  decreed  against  them  in  the 
sentences  of  said  high  court. 

Court 

Vessels.               Captains.  2  per  Mille.  Expenses.  Fines. 

Rix  dls.  Rix  dls.  Rix  dls. 

Egeria,                    Law,  55O             40        1,000 

Oscar,                     Cunningham,  400             4O 

Minerva,                Baker,  408             4O        1,OOO 

Pittsburg,               Yardsly,  322             40 

Richmond,              Jarvis,  212             40        1,000 

Amiable  Matilda,  Hague,  332             4O 

Nimrod,                 Smith,  356             4O         1,000 

William  &  Jane,    Bunker,  76O             4O         2,OOO 

Rachel,                    Joseph,  548              40 

Washington,           Almy,  652             40 

Washington,          Brown,  246             40         2,000 

ohn,                       Reynolds,  540             40 

eremiah,               Russell,  438             4O 

^ancy,                   Eveleth,  246             4O          1,OOO 

oseph,                   Allan,  352             40 

VTaria  Theresa,    Phelps,  156             40             700 

Laura,                   Lambert,  404             4O          1,500 

6,922  680        12,200 

Amount  of  2  per  mille,         6,922 
Ditto  expenses,  680 

Ditto  fines,  12,20O 

Total  amount,      19,802  rix  dollars. 

N.  B.  This  extract  does  not  contain  the  "  Ariel,"  Butler, 
u  Fair  Trader,"  Craig,  u  Minerva  Smyth,"  Mann,  acquitted  by 
virtue  of  decree  of  Sleswic  Holstein  chancery. 

Nor  the  "  Maryland,"  Peters ;  in  which  case  sentence  had 
not  issued  at  the  closing  of  this  list. 

(Signed)  GEORGE  W.  ERVING. 

Copenhagen,  April  10,  1812. 

No.  17. 

Mr.  Erving  to  Mr.  Monroe,  Secretary  of  State. 
Sir,  Copenhagen^  April  12,  1812. 

With  my  despatch  No.  10,  was  submitted  to  you  copy  ol 
the  reclamation,  dated  November  4,  which  I  thought  it  my 
duty  to  make  against  the  sentences  of  condemnation,  passed  by 
the  Danish  tribunals  in  the  years  1809  and  1810  on  American 
ships  and  cargoes.  Mr.  De  Rosenkrantz  was  prevented  at  first 


46]  HISTORICAL  REGISTER.      [12TH  CONG. 

by  ill  health,  and  afterwards  for  a  long  time  by  a  pressure  of  va 
rious  business  (as  I  understood),  from  laying  it  before  the  king. 
In  the  mean  time  he  continually  discouraged  any  expectation 
that  his  majesty  would  accede  to  the  propositions  which  it  con 
tains,  persisting  in  his  declaration  to  me  on  my  first  arrival  here, 
that  there  was  no  remedy  for  the  past.  Finding  that  in  the  usual 
course  of  business  it  was  necessary  for  the  minister  to  inform 
himself  fully  and  particularly  as  to  the  contents  of  the  note,  so  as 
to  submit  it  to  the  king  by  abstract  only,  I  thought  that  I  might 
at  once  expedite  my  object,  and  add  to  the  probability  of  success 
in  it,  by  having  the  note  translated  into  the  Danish  language.  I 
sent  such  a  translation  to  the  minister  on  the  22d  January,  re 
questing  (by  No.  1  of  the  inclosures)  that  the  whole  might  be 
laid  before  the  kingi  This  was  done  on  the  14th  of  February, 
and  on  the  same  day  the  minister  addressed  to  me  the  note  No. 
2,  relating  to  Danish  claims  on  our  government,  to  which  I  an 
swered  on  the  17th  February  as  by  No.  3,  and  on  the  9th  instant 
I  finally  received  the  minister's  reply  to  my  reclamation  of  No 
vember  4  (No.  4  of  the  inclosures.) 

All  my  former  communications,  sir,  have  prepared  you  for 
this  result,  and  the  most  extraordinary  delay  of  the  king  in  an 
nouncing  it,  though  so  far  creditable  to  him,  inasmuch  as  it  de 
notes  the  reluctance  with  which  he  has  come  to  a  conclusion 
which  he  cannot  conscientiously  approve  of,  and  which  he  has 
not  found  any  admissible  pleas  to  support  or  to  countenance,  yet 
has  also  afforded  me  the  means  of  ascertaining  that  no  favoura 
ble  change  of  this  determination  is  to  be  hoped  for. 

All  the  business  which  my  appointment  had  in  view  being 
now  completed,  and  as  there  is  not,  as  far  as  I  know,  one  Ame 
rican  vessel  actually  under  detention  (by  Danish  capture)  in  any 
port  of  this  kingdom,  after  answering  the  minister  of  state's  note 
in  suitable  terms,  I  propose,  pursuant  to  my  instructions,  to  take 
leave  and  depart  for  Paris.  I  wrote  yesterday  to  Mr.  Barlow 
for  passports,  and  as  soon  as  they  arrive,  whkh  may  be  about  the 
commencement  of  next  month,  I  shall  be  entirely  ready  to  make 
use  of  them.  In  the  mean  time  I  send  home  with  this  and  other 
dispatches  my  secretary  Mr.  Lewis,  whose  fidelity,  industry, 
and  zeal  in  the  public  service,  I  so  entirely  approve  of,  that  I 
cannot  but  recommend  him  to  your  patronage  and  protection. 
Previous  to  my  departure  I  propose,  as  I  have  before  mentioned 
to  you,  to  present  Mr.  Forbes,  in  the  quality  of  "  agent,"  to  the 
minister  of  state  and  to  the  other  departments  of  government  here, 
and  I  doubt  not  but  that  if  any  of  our  vessels  should  hereafter  be 
captured  by  Danish  cruisers,  he  will  be  able  to  afford  them  eve 
ry  assistance  of  which  their  cases  may  be  susceptible,  and  that 


2D  SESS.]  STATE  PAPERS.  [47 

his  respectability  of  character  and  his  other  qualifications  will 
procure  due  attention  to  his  official  representations.  I  hope  also 
that  on  my  return  to  Paris,  I  may  be  able  to  assist  Mr.  Barlow 
in  obtaining  a  favourable  adjustment  of  the  questions  which 
have  arisen  out  of  the  French  captures  in  this  quarter. 

It  seems  to  be  scarcely  probable,  even  if  we  should  not  be  at 
war  with  England,  that  any  of  our  vessels  which  may  have  left 
the  United  States  for  Russia,  will,  if  they  touch  at  Gottenburg 
for  information,  proceed  on  their  voyages ;  for  either  the  empe 
ror  of  France  will  occupy  the  Russian  ports,  or  the  emperor  of 
Russia  will  submit  to  his  terms :  in  either  of  which  cases  those 
ports  will  be  rigorously  closed  against  "  colonial  produce."  If 
the  emperor  of  Russia  should  successfully  resist,  then  his  coun 
try  will  be  inundated  with  whatever  we  can  supply,  by  the  com 
merce  of  England.  In  this  last  case  it  is  not  to  be  supposed 
that  the  English  will  take  any  neutral  vessels  under  their  con 
voy  :  in  the  two  former  cases  the  neutral  will  not  have  any  mo 
tive  for  joining  convoy.  On  the  other  hand  the  French  cruizers 
will  certainly  intercept  every  vessel  not  under  convoy  which 
may  enter  the  Baltic  with  colonial  produce :  and  it  is  equally 
certain  that  such  cruizers  will  be  sufficiently  numerous:  for, 
independent  of  the  privateers  properly  French,  the  Danes  have 
found  so  little  encouragement  for  privateering  during  the  last 
twelve  months,  that  many  of  them  are  reduced  to  the  necessity 
of  seeking  French  commissions. 

Mr.  Lewis  will  carry  with  him  the  original  of  my  dispatch 
No.  10,  which  incloses  authentic  copies  of  the  sentences  therein 
referred.  In  these,  sir,  you  will  notice  more  particularly  the 
extraordinary  principles  and  offensive  doctrines  on  which  the 
tribunals  have  founded  their  decisions,  and  in  case  our  country 
should  still  continue  in  peace,  government,  having  the  whole 
matter  before  it,  will  be  able  to  give  our  commerce  such  direc 
tion,  and  to  place  it  under  such  regulations  as  may  best  comport 
with  its  future  security. 

With  the  most  perfect  respect  and  consideration,  sir,  your 
very  obedient  servant, 

(Signed)  GEORGE  W.  ERVING. 

James  Monroe,  esq.  Secretary  of  State. 

No.  1. 

Mr.  Erring  to  Mr.  De  Rosenkrantz. 
Sir,  Copenhagen,  January  22,  1812. 

I  have  the  honour  herewith  to  inclose  a  translation  into  the 
Danish  language  of  my  note  to  your  excellency  of  November 
4th,  and  of  the  statement  thereto  annexed.  These  I  have  caiis- 


48]  HISTORICAL  REGISTER.    [ISTH  CON©, 

ed  to  be  prepared  with  particular  care,  trusting  that  you  will  be 
pleased  to  lay  them,  in  their  entire  form,  before  his  majesty. 

I  cannot  but  take  this  occasion  of  renewing  to  your  excel 
lency  the  expression  of  my  earnest  desire  that  you  would  enable 
me  to  transmit  to  my  government  his  majesty's  resolutions  on 
the  subject,  nor  of  my  anxiety  that  those  resolutions,  marked  by 
the  enlightened  and  friendly  policy  which  I  have  anticipated  in 
my  reports  to  my  government,  may  correspond  to  the  just  ex 
pectations  of  the  United  States,  and  cement  that  harmony  and 
good  understanding  between  the  two  countries  which  ought  al 
ways  to  subsist.  I  have  the  honour,  &c. 

(Signed)  GEORGE  W.  ERVING. 

To  his  Excellency  Mr.  De  Rosenkrantzy 
jirst  minister  of  state y  &c. 

No.  2. 
[Translation.] 

The  Danish  brig  Henrick,  captain  Scheel,  departed  for  cape 
Francois  in  1 799,  was  captured  in  the  month  of  October  of  the 
said  year  by  a  French  privateer,  and  re-captured  a  few  days  af 
ter  by  the  United  States  ship  Pickering,  which  took  her 
into  the  Island  of  St.  Christopher's,  where'  she  was  condemned 
on  the  ground  of  being  recaptured,  whereby  the  owner  only  ob 
tained  about  one  eighth  part  of  the  value  of  the  vessel  and  cargo. 

The  American  government  ought  to  be  held  responsible  for 
this  measure,  having  by  their  instructions  of  the  12th  March, 
1 799,  authorized  her  armed  vessels  to  re-capture  all  prizes  taken 
by  French  privateers.  The  sentence  of  condemnation  pronoun 
ced,  appears,  also  to  contain  an  inadmissible  application  of  the 
American  laws,  which  do  not  relate  to  the  re-capture  of  neutral 
vessels.  The  two  accompanying  printed  documents  prove,  that 
Mr.  Madison,  then  secretary  of  state  of  the  United  States,  re 
cognised  the  validity  of  the  claim,  and  recommended  the  inter 
ests  of  the  claimant  to  congress.  The  owner,  however,  having 
been  frustrated  in  his  attempt  to  obtain  the  compensation  due  to 
jiim,  has  been  obliged  to  institute  a  suit  against  the  officers  who 
re-captured  his  vessel,  of  which  he  is  still  waiting  the  issue. 

A  similar  claim  was  preferred  by  the  owner  of  the  ship  Mer- 
cator,  captured  in  1800,  by  lieutenant  Maley,  commander  of  the 
United  States  vessel  Experiment^  afterwards  taken  by  a  British 
cruizer,  which  carried  her  to  Jamaica,  where  she  was  declared 
a  good  prize. 

It  is  shewn  by  the  annexed  printed  report,  that  damage  to  the 
amount  of  33,864  dollars  has  been  awarded  to  the  owner  in  this 
case,  but  he  has  not  yet  been  able  to  obtain  payment. 


2o  SESS.]  STATE  PAPERS.  [49 

In  presenting  these  claims  to  the  notice  of  Mr.  Erving,  the 
special  minister  of  the  United  States  of  America,  the  under 
signed,  minister  of  state  and  chief  of  the  department  of  foreign 
affairs,  flatters  himself,  that  he  will  lay  them  before  his  govern 
ment,  and  endeavour  to  obtain  for  the  parties  interested,  that 
indemnity,  which  the  justice  of  their  claims  so  evidently  calls 
for ;  but  which  the  intervention  of  his  majesty's  charge  des 
affaires  has  not,  to  the  present  period,  been  able  to  accomplish. 

The  undersigned,  in  praying  Mr.  Erving  to  have  the  good 
ness  to  return  to  him  the  enclosures,  avails  himself  of  the  oppor 
tunity  of  renewing  the  continued  assurance  of  his  high  conside 
ration. 

(Signed)  N.  ROSENKRANTZ. 

Copenhagen,  February  I4,th,  1812. 

No.  3. 

Mr.  Erving  to  Mr.  de  Rosenkrantz. 
Sir,  Copenhagen,  February  \7th,  1812. 

I  have  received  your  excellency's  note  of  the  14th  inst.  relat 
ing  to  two  claims  of  Danish  subjects  on  the  government  of  the 
United  States.  I  am  uninstructed  as  to  those  claims  otherwise 
than  by  that  note  and  by  the  documents  which  it  enclosed.  In 
these  I  perceive  with  great  satisfaction,  that  during  a  war  of  two 
years  between  the  United  States  and  France,  at  a  time  when 
the  Danish  commerce  was  in  activity,  and  the  western  ocean 
was  covered  with  American  cruisers,  the  causes  of  complaint 
afforded  to  this  country  were  connived  to  these  cases,  one  of  them 
a  mere  question  as  to  the  amount  of  salvage  exacted  on  a  recap 
ture,  and  both  of  them  grounded  on  the  errors  or  misintelligence 
of  officers  employed  on  foreign  stations:  that  these  reclamations 
do  not  involve  any  misconduct  of  American  tribunals,  any  vio 
lation  of  public  law,  any  offence  of  neutral  rights,  or  any  bad 
faith  or  unfriendly  disposition  in  the  government  of  the  United 
States  ;  but  on  the  contrary  that  in  every  stage  of  the  claims,  a 
love  of  justice,  a  respect  for  neutral  rights,  and  a  frank,  generous, 
and  friendly  character  towards  Denmark,  has  been  continually 
manifested  by  that  government ;  and  finally,  that  complete  satis 
faction  to  the  claimants  has  hitherto  been  delayed  by  causes, 
which,  though  beyond  the  controul  of  the  executive,  do  not  for 
bid  the  expectation  of  redress. 

I  shall  have  the  honour  to  submit  to  my  government  a  copy 
of  your  excellency's  note,  adding  whatever  may  be  proper  on 
my  part  to  promote  the  object  of  it.  I  renew,  &c. 

(Signed)  GEORGE  W.  ERVING. 

To  his  excellency  Mr.  De  Rosenkrantz,  1st  minister  of  state,  &c. 

VOL.  i.  G  & 


500  HISTORICAL  REGISTER.     [ISTH  CONG- 

I  return  herewith  the  printed  papers  which  were  enclosed  in 
your  excellency's  note. 

Note,  No.  4. 
[Translation.] 

Copenhagen,  April  9M,  1812. 

The  undersigned,  minister  of  state  of  the  department  of  fo 
reign  affairs,  having  laid  before  his  majesty  the  note  which  Mr, 
Erving,  the  special  minister  of  the  United  States  of  America,, 
addressed  to  him  the  4th  of  November  last  year,  the  principal 
object  of  which  was  to  claim  the  revision  of  several  sentences 
definitively  pronounced  by  the  supreme  tribunals  of  admiralty, 
which  the  special  minister  considers  ill  founded,  and  in  opposi 
tion  to  the  principles  he  maintains  ought  to  serve  as  a  basis  to 
the  proceedings  on  prizes  and  rules  for  the  judges,  authorized 
to  pronounce  between  the  captors  commissioned  by  the  Danish 
government,  and  the  captains  and  owners  of  whose  vessels  have 
been  captured  under  the  flag  of  the  United  States,  is  authorized 
by  the  orders  of  his  majesty  to  make  known  to  Mr.  Erving, 
special  minister  of  the  United  States,  that  the  king's  very  parti 
cular  sentiments  of  friendship  for  the  United  States,  and  his  es 
teem  for  the  president,  cannot  influence  him  to  permit  a  revision 
of  the  sentences  pronounced,  terminating  the  causes  arising  from 
captures  made  by  the  cruisers  under  the  flag  of  the  state. 

The  principles  which  have  formed  the  basis  of  the  privateer 
regulations,  and  which  have  not  been  lost  sight  of  in  giving  the 
instructions  to  the  tribunals  charged  to  examine  in  matter  of 
prizes,  are  the  same  as  those  generally  received,  and  according 
to  which  the  Danish  tribunals  of  the  admiralty  judge  and  decide 
on  the  captures  of  vessels  under  other  flags  than  that  of  the 
United  States. 

The  special  minister  will  be  pleased  to  find  in  this  assertion, 
which  is  founded  on  the  facts  he  may  have  made  himself  ac 
quainted  with  since  his  residence  here,  that  the  American  flag 
has  on  all  occasions  been  treated  in  the  maritime  tribunals,  con 
formably  to  the  rules  established,  precisely  in  the  same  manner 
as  the  neutral  flags  of  Europe. 

The  undersigned  is  moreover  authorized  to  observe  to  Mr- 
Erving,  special  minister  of  the  United  States,  that  if  permission 
were  given  to  the  captured,  who  have  pleaded  before  the  tribu 
nals  which  have  decided  by  a  definitive  sentence  between  the 
parties,  to  make  in  their  favour  revision  of  the  causes  terminat 
ed,  the  same  indulgence  should  be  given  to  the  captors,  who 
might  complain  of  the  sentences  pronounced  against  them,  and 
that  in  this  manner  the  causes  arising  from  prizes  would  expe- 


STATE  PAPERS.  [51 

rience  indefinite  delays,  as  prejudicial  to  the  captured  as  to  the 
captors. 

The  undersigned,  in  expressing  to  Mr.  Erving  his  regret  at 
not  being  able  to  grant  what  the  special  minister  proposed  to 
him,  has  the  honour  to  renew  to  him  the  assurance  of  his  high 
consideration* 

(Signed)  ROSENKRANTZ. 

No.  19. 

Mr.  Erving  to  Mr.  Monroe,  Secretary  of  State. 
Sir,  Copenhagen,  17 th  April,  1812. 

I  have  the  honour  herewith  to  inclose  the  reply  of  Mr.  De 
Rosenkrantz  to  the  last  reclamation  which  I  presented  to  him 
in  the  case  of  the  "  Brutus,"  copy  of  which  was  transmitted 
with  my  dispatch  No.  16. 

With  the  most  perfect  respect  and  consideration,  sir,  your 
very  obedient  servant, 

(Signed)  GEORGE  W.  ERVING. 

Copenhagen,  16th  April,  1812. 
[Translation.] 

The  undersigned,  minister  of  state,  and  chief  of  the  depart 
ment  of  foreign  affairs,  has  not  failed  to  attend  to  the  reclama 
tions  which  Mr.  Erving,  the  special  minister  of  the  United 
States  of  America,  made  to  him  under  date  of  the  23d  Septem 
ber,  23d  November,  and  13th  December  of  the  last  year,  in  fa 
vour  of  the  different  American  vessels,  and  specially  in  that  of 
the  Brutus,  Fenno  master,  captured  and  brought  into  a  port  of 
Norway. 

It  is  known  to  Mr.  Erving,  that  the  causes  of  the  vessels 
mentioned  in  the  list  of  the  13th  December,  have  all  been  de 
cided  in  favour  of  the  captured,  with  the  exception  of  the  Mary 
land,  now  waiting  a  decision,  and  of  the  Brutus,  which,  as  well 
as  the  others,  have  been  reported  to  the  king. 

It  is  with  regret  that  the  undersigned  is  obliged  to  inform  the 
special  minister,  that  his  majesty,  after  having  examined  into 
this  affair,  has  thought  proper  to  leave  to  the  supreme  tribunal  of 
the  admiralty  the  pronouncing  of  the  sentence,  conformably  to 
the  principles  and  instructions  prescribed  to  this  tribunal  by  the 
regulations  concerning  privateers,  and  the  ordinances  regulating 
the  proceedings  before  the  supreme  tribunal,  and  that  this  tri 
bunal  considers  itself  authorized  to  condemn  both  vessel  and 
cargo,  for  the  reasons  expressed  in  the  sentence. 

The  decision  of  the  king  having  been  acted  upon  before  the 
note  of  Mr.  Erving,  under  date  of  the  10th  instant,  reached  fhe 


52]  HISTORICAL  REGISTER.      [12TH  CONG. 

undersigned,  as  the  special  minister  will  see  by  the  date  of  the 
annexed  copy  of  sentence,  he  has  not  been  able  to  make  use  of 
the  reiterated  reclamations  of  Mr.  Erving. 

The  undersigned  flatters  himself  to  be  able  shortly  to  inform 
the  special  minister,  that  the  cause  of  the  ship  Maryland  has 
been  decided  favourably. 

He  has  the  honour  to  renew  to  him  the  assurance  of  his  high 
consideration. 

(Signed)  ROSENKRANTZ. 

No.  20. 

Mr.  Erring  to  Mr.  Monroe,  Secretary  of  State. 
Sir,  Copenhagen  April  18th,  1812. 

I  have  the  honour  herewith  to  inclose  copy  of  what  I  pro 
pose  to  send  to  Mr.  de  Rosenkrantz,  in  reply  to  his  note  of  the 
9th  instant. 

With  the  most  perfect  respect  and  consideration,  sir,  your 
very  obedient  servant, 

(Signed)  GEORGE  W.  ERVING. 

P.  S.  I  shall  leave  with  Mr.  Forbes  the  documents  belonging 

to  the  claims  here,  and  the  claimants'  letters ;  but  I  think  it 

most  proper  upon  the  whole  to  transmit  to  you  the  original  notes 

of  Mr.de  Rosenkrantz,  and  they  are  therefore  herewith  inclosed. 

G.  W.  E. 

Mr.  Erring  to  Mr.  de  Rosenkrantz. 

Copenhagen,  April  18,  1812. 

The  undersigned,  special  minister  of  the  United  States  of 
America,  has  had  the  honour  to  receive  the  note  which  his  ex 
cellency  Mr.  de  Rosenkrantz,  first  minister  of  state,  and  chief 
of  the  department  for  foreign  affairs,  addressed  to  him  on  the  9th 
instant,  by  order  of  his  sovereign,  in  reply  to  the  reclamation 
made  by  the  undersigned,  on  the  4th  November,  1811,  against 
certain  sentences  of  Danish  tribunals,  passed  in  preceding  years, 
on  vessels  and  cargoes  the  property  of  American  citizens. 

It  appears  that  his  majesty  has  not  thought  proper  to  author 
ize  the  minister  of  state  to  enter  into  discussion  with  the  under 
signed  upon  any  of  the  various  subjects  which  that  reclamation 
embraces  ;  to  contest  or  to  acquiesce  in  any  of  the  doctrines  up 
on  which  it  is  basised ;  to  offtr  any  satisfaction  for  any  of  the 
various  injuries  which  it  complains  of,  or  to  propose  any  correc 
tion  of  the  abuses  and  malversations  which  it  points  out  as  the 
sources  of  those  injuries. 

It  is,  therefore,  the  duty  of  the  undersigned  formally  to  de- 
ciare,  that  the  government  of  the  United  States  cannot  rest  sa- 


2D  SESS.]  STATE  PAPERS.  [53 

tisfied  with  such  a  mode  of  treating  rights  which  it  holds  sacred, 
and  will  never  sacrifice,  and  with  such  a  rejection  of  the  just 
claims  of  its  injured  citizens,  which  it  will  never  cease  to  assert 
and  to  protect. 

The  president  will  certainly  receive  with  satisfaction  the  sen 
timents  of  particular  friendship  towards  the  United  States,  and 
of  esteem  for  himself,  which  his  Danish  majesty  has  been  pleas 
ed  to  profess  ;  sentiments  which  he  will  readily  reciprocate. 
Such  sentiments  he  was  eager  and  sincere  in  advancing  ;  but  he 
will,  at  the  same  time,  receive  with  surprise  as  well  as  with  pe 
culiar  concern,  the  declaration  with  which  these  professions  are 
accompanied,  refusing  a  reparation  for  the  wrongs  which  he  has 
complained  of ;  wrongs  which,  unredressed,  cannot  but  be  con 
sidered  as  being  but  little  in  accord  with  such  sentiments. 

These,  his  impressions,  must  be  rendered  still  more  forcible 
by  the  recollection  that  a  suitable  redress  for  similar  wrongs  has 
never  been  altogether  withheld  by  any  of  tht  belligerent  powers 
with  which  the  United  States  have  occasionally  found  themselves 
in  collision  ;  but,  on  the  contrary,  that  each  ol  the  chief  belliger 
ents  has,  heretofore,  furnished  a  signal  example  wherein  the  firm 
and  temperate  voice  of  justice  has  prevailed  over  an  erroneous 
policy  ;  each  has  attended  to,  and  respected,  the  remonstrances 
of  the  United  States,  satisfied  their  demands,  and  amply  com 
pensated  the  losses  which  the  temporary  adoption  of  false  prin 
ciples,  or  the  misconstruction  or  malapplication  of  acknowledged 
principles,  had  brought  upon  their  citizens  ;  thus  recognizing 
the  sovereignty  of  just  laws  and  the  indefectibility  of  the  neutral 
rights  which  spring  from  them :  nor  can  the  president  be  now 
reconciled  to  any  infringement  of  these,  to  the  cruizing  regula 
tions  of  Denmark  in  those  points  which  may  offend  them,  or  to 
the  decisions  of  any  tribunals,  in  as  far  as  they  may  have  the 
same  tendency,  by  the  only  apology  which  his  majesty  has  au 
thorized  the  minister  of  state  to  offer  for  the  wrongs  complained 
of,  viz.  that  these  regulations  and  these  decisions  are  founded 
upon  the  same  principles  which  direct  the  conduct  of  Denmark 
towards  neutral  European  powers,  and  that  in  cases  wherein 
those  powers  have  been  thereby  affected,  no  revision  or  retros 
pect  has  taken  place  :  for,  without  entering  into  the  enquiry 
whether  there  does  or  does  not  exist  a  European  power  nfeutral 
with  regard  to  Denmark,  and  with  which  she  can  possibly  come 
into  collision  on  such  subjects,  without  pointing  out  the  difference 
between  the  neutral  position  of  the  U.  States  and  that  of  any  Eu 
ropean  power,  on  examining  in  any  degree  the  conduct  of  Den 
mark  towards  the  European  powers,  neutral  or  otherwise,  it  is 
sufficient  tp  observe,  that  the  United  States  have  not  made  com- 


34]  HISTORICAL  REGISTER.     [12TH  CONG. 

mon  cause  with  any  other  neutral  power ;  they  have  not  bound 
up,  their  fate  with,  nor  do  they  mean  to  submit  their  rights  to 
the  arbitration  of,  or  to  pare  them  down  so  as  to  suit  the  conve 
nience  of  any  power  whatever :  these  rights  are  clear,  pronoun 
ced,  and  unequivocal :  they  are  found  in  the  great  code  of  pub 
lic  law.  If  other  powers  have  not  the  same  interest  in  defend 
ing  ;  if  they  find  it  convenient  to  relinquish,  or,  for  any  other 
reasons  whatever,  cease  to  assert  such  rights,  no  obligation  to 
abandon  them  is  hereby  imposed  on  America  ;  but  on  the  con 
trary,  standing  alone  amidst  the  great  struggle  of  nations,  her 
obligation  to  protect  that  sacred  deposit  is  strengthened,  and  she 
becomes  doubly  responsible  to  posterity  for  this  great  inheri 
tance  ;  since  she  is  not  deficient  in  the  power  and  means  of  pre 
serving  it. 

His  excellency,  the  minister  of  state,  seems  to  suppose,  that 
the  principal  object  of  the  undersigned  is  to  obtain  the  "  revi 
sion"  of  the  sentences  of  the  tribunal  specified  in  his  note  of  No 
vember  4th.  It  is  proper,  therefore,  to  consider  this  part  of  the 
subject,  though  he  must  premise  by  observing,  and  he  begs  his 
excellency  to  understand,  that  the  object  of  that  note,  which  em 
braced  various  subjects  of  complaint,  was  to  obtain  satisfaction 
and  compensation,  leaving  the  "  mode"  and  the  u  means"  to  be 
adjusted  by  mutual  accord  ;  for  he  is  entirely  unwilling  to  rest 
the  claims  of  the  United  States,  or  to  make  them  in  any  wise  de 
pendent  on  an  abstract  discussion  as  to  the  course  which  may  be 
taken  to  produce  the  satisfaction  required. 

The  undersigned,  in  his  note  of  November  4th,  has  shown,  as 
be  trusts,  most  clearly  and  indisputably,  that  the  rights  of  the 
United  States,  as  a  neutral  nation,  have  been  violated  by  the  de 
cisions  therein  referred  to ;  if  not,  he  has  invited  the  minister  of 
state  to  discuss  the  principles  on  which  his  reclamation  is  found 
ed.  Can  it  be  deemed  to  be  a  satisfactory  answer  to  such  a  re 
clamation  that  other  nations  have  submitted  to  similar  decisions  ? 
Can  it  be  imagined,  that  the  term  "  definitive,"  as  applied  to 
such  decisions,  is  conclusive  against  the  United  States  ?  Can  it 
be  expected  that  they  will  acquiesce  in  a  decision  as  just ,  because 
it  is  termed  "  definitive  ?"  The  constitution,  the  faculties,  and  the 
police  of  admiralty  tribunals  in  this  as  in  every  other  country 
are  formed  by  and  depend  on  the  will  of  the  sovereign,  and  he 
is  strictly  responsible  to  foreign  nations,  in  all  cases  affecting 
their  rights,  for  a  correct  administration  of  justice  on  the  princi 
ples  of  public  law  which  forms  the  basis  of  those  rights.  No  fo 
reign  nation  submits  its  cause  to  the  arbitrary  or  capricious  de- 
eision  of  such  tribunals,  or  respects  their  decisions  in  any  degree 
further  than  as  these  mav  be  found  to  conform  to  its  own  sense 


2DSESS.]  STATE  PAPERS.  [55 

of  its  own  rights.  The  tribunal  is  the  mere  instrument  of  the 
sovereign  with  which  he  operates,  and  it  is  his  duty  so  to  direct 
and  use  it,  that  it  may  not  do  injury  to  the  rights  of  others, 
The  foreign  nation,  therefore,  looks  with  reason  to  the  tribunal 
only  as  indicative  of  the  temper  of  the  sovereign  by  whom  it  is 
appointed  and  under  whose  authority  it  acts,  and  not  as  to  the 
arbitrator  of  its  own  destiny.  When  a  foreign  government 
complains  of  the  conduct  of  such  tribunals,  it  calls  upon  the  good 
faith  of  the  sovereign  to  repair  the  wrong  which  he  ought  to 
have  restrained.  Shall  it  be  competent  to  the  sovereign  to  refer 
the  offended  party  for  Satisfaction  to  the  very  cause  of  com 
plaint  ?  What  is  this  but  to  adopt  the  injustice  complained  of? 
Since  when  has  it  been  agreed  that  the  belligerents  shall  give 
law  to  neutral  nations  ?  Does  the  u  ancient  faith,"  which  in 
peace,  augmenting  confidence,  removed  the  probabilities  of  war, 
and  in  war  mitigated  its  horrors,  does  it  no  longer  subsist  i  Or 
in  a  merely  political  calculation,  does  it  not  occur  that  the  belli 
gerent  may  hereafter  become  neutral  ?  However  these  questions 
may  be  answered,  it  is  certain  that  there  is  a  self-conserving 
principle  in  truth  and  right  which  ensures  their  vindication,  so 
that  a  nation  may  be  said  to  be  deceiving  itself  when  it  refuses 
what  is  due  to  the  just  demands  of  others. 

His  excellency  the  minister  of  state  has  been  instructed  to 
observe,  that  if  his  majesty  could  consent  to  a  revision  of  the 
sentences  of  his  tribunals  in  favour  of  those  whose  property  has 
been  condemned,  he  ought  to  extend  such  revision  to  the  sen 
tences  by  which  captured  property  has  been  acquitted. 

The  undersigned  takes  the  liberty  of  remarking,  that  the  re 
clamation  which  he  has  made,  is  the  reclamation  of  the  Ameri 
can  government  against  certain  sentences  of  condemnation  pass 
ed  on  American  property  by  tribunals  appointed  by  his  Danish 
majesty,  and  acting  under  his  authority.  The  American  go 
vernment  finds  itself  aggrieved  by  such  decisions.  Is  his  majes 
ty  dissatisfied  with  the  decisions  of  a  contrary  character  by  which 
American  property  has  been  acquitted  ?  certainly  not :  yet  on 
ly  upon  that  ground  could  his  majesty  desire  a  revision  of  the 
sentences  of  acquittal :  for  no  question  now  exists  between  the 
captor  and  the  captured  :  the  question  is  between  government 
and  government :  nor  is  it  readily  to  be  conceived  that  tribunals 
whose  decisions  the  government  of  the  United  States  has  found 
such  ample  and  solid  reasons  to  complain  of,  can  in  other  cases 
have  done  injustice  to  his  majesty's  subjects.  It  is  because  the 
tribunals  have  been  partial  to  his  majesty's  subjects,  because  they 
are  not  courts  of  arbitration  in  which  the  United  States  has  its 
etjual  representation,  and  hence  have  acted  on  princinles  the  jus- 


36]  HISTORICAL  REGISTER.     [12TH  CONG. 

tice  of  which  the  United  States  does  not  acknowledge,  that  a  re 
vision  of  their  sentences  against  the  property  of  American  citi 
zens  may  be  reasonably  proposed  by  the  American  government, 
and  may  be  acceded  to  by  his  majesty,  without  this  plan  contem 
plating  any  injury  to  his  subjects.  These  are  the  grounds  on 
which  similar  revisions  have  been  demanded  in  other  countries, 
and  have  been  granted,  and  compensation  obtained,  without  its 
ever  having  been  proposed  that  sentences  of  acquittal,  which 
'have  only  tended  to  diminish  the  amount  of  the  injuries  com 
plained  of,  should  be  also  revised. 

The  undersigned  cannot  therefore  bilt  hope  that  his  Danish 
majesty,  on  a  reconsideration  of  this  important  subject,  will  see 
fit  to  adopt  some  plan,  with  respect  to  the  matters  complained  of, 
which  may  satisfy  the  just  expectations  of  the  United  States. 
He  has  thought  that  it  best  comported  with  the  friendly  and 
conciliatory  dispositions  of  his  government,  not  to  propose  any 
which  should  interfere  with  such  arrangements  as  having  due 
regard  to  the  object  it  might  be  most  convenient  to  his  majesty 
to  make,  and  therefore  in  his  note  of  November  4th  stated,  what 
he  will  here  repeat — u  that  the  mode,  the  means,  and  to  a  cer 
tain  extent  even  the  time  may  be  subjected  to  considerations  of 
mutual  convenience  and  accord."  He  requests  that  the  minis 
ter  of  state  will  be  pleased  to  lay  this  note  entire  before  his  ma 
jesty. 

He  renews  to  his  excellency  the  minister  of  state,  assurances 
of  his  distinguished  consideration. 

(Signed)  GEORGE  W.  ERVING. 

His  excellency  Mr.  De  Rosenkrantz,  first  minister  of  state,  and 

chief  of  the  department  of  foreign  affairs,  &c. 

No.  21. 

Mr.  Erving  to  Mr.  Monroe,  Secretary  of  State. 
Sir,  Copenhagen,  April  20th,  1812. 

With  my  dispatch  No.  8  (of  September  8),  I  had  the  ho 
nour  to  submit  to  you  copies  of  my  correspondence  with  Mr. 
Desaugiers,  then  charge  d'affaires  of  France,  which  I  had  pre 
viously  laid  before  the  minister  of  state  here,  and  which  was 
also  transmitted  by  Mr.  Desaugiers  to  his  government.  In  my 
notes  to  Mr.  Desaugiers  were  particularized  the  various  exces 
ses  of  the  French  corsairs  in  these  waters,  which  appeared  to  me 
contrary  to  the  spirit  and  intention  of  that  government,  as  well 
as  injurious  to  our  commerce.  It  is  with  great  satisfaction  that 
I  now  transmit  to  you  the  new  instructions  which  Mr.  Desau 
giers  has  been  ordered  to  give  to  the  captains  of  the  corsairs. 


2o  SESS.]  STATE  PAPERS.  [57 

With  the  most  perfect  respect  and  consideration,  sir,  your 
very  obedient  servant, 

P        (Signed)  GEORGE  W.  ERVING. 

. 

No.  22. 

Extract  of  a  letter  front  Mr.  Erving  to  Mr.  Monroe,  Secretary 

of  State. 

Copenhagen,  May  9,  1812. 

u  I  have  the  honour  herewith  to  transmit  to  you  duplicate  of 
my  letter  No.  20  (by  Mr.  Lewis),  dated  April  18th.  The  note 
of  the  same  date  to  which  it  refers,  with  the  few  alterations 
which  will  be  found  in  this  duplicate,  was  sent  to  Mr.  de  Rosen- 
krantz  on  the  21st,  and  was  laid  by  him  before  the  king  on  the 
1st  instant.  In  the  mean  time  I  had  several  conversations  with 
that  minister  upon  the  subject  of  it,  in  which  I  did  not  fail  to 
urge  whatever  might  contribute  to  a  favourable  answer  on  the 
part  of  his  majesty.  Finally,  on  the  8th  instant  (yesterday),  he 
sent  to  me  the  note  of  which  the  inclosed  is  a  copy.  You  will 
observe,  sir,  the  new  position  which  our  claims  assume  under 
this  communication,  and  the  reasonable  expectation  which  it  af 
fords  of  a  settlement  hereafter.  I  have  endeavoured  to  have 
this  point  placed  in  a  more  formal  and  explicit  shape." 

[Translation.] 

Mr.  De  Rosenkrantz,  to  Mr.  Erring. 

The  undersigned,  minister  of  stale  and  of  foreign  affairs,  has 
had  to  explain  to  Mr.  Erving,  special  minister  of  the  United 
States  of  America,  in  his  note  of  the  9th  of  last  month,  the  mo 
tives  which  have  influenced  the  king  his  master  not  to  grant  the 
revision  of  the  sentences  of  his  supreme  tribunal  of  admiralty, 
definitively  terminating  the  causes  brought  before  this  tribunal, 
arising  from  the  captures  made  by  Danish  cruizers,  of  vessels 
sailing  under  the  flag  of  the  United  States,  and  that  for  this  rea 
son  he  could  not  persuade  himself  that  the  ulterior  representa 
tions  which  the  special  minister  had  thought  proper  still  to  ad 
dress  him  could  produce  any  change  in  the  determination  of  his 
majesty.  The  minister  of  foreign  relations  has  however  pre 
vailed  on  the  king  his  master  to  be  pleased  to  examine  the  note 
which  Mr.  Erving  addressed  to  him  under  date  of  the  1 8th  of 
last  month,  reiterating  the  claim  to  redress  for  the  wrongs  pre 
viously  recited,  and  satisfaction  for  which  he  considers  it  his  du 
ty  still  to  insist  upon. 

The  undersigned  hastens  to  have  the  honour  to  inform  the  spe 
cial  minister,  that  it  has  been  enjoined  on  him  by  his  sovereign 
to  answer  the  above-mentioned  note  of  the  special  minister  by 

VOL.  I.  H  H 


58]  HISTORICAL  REGISTER.    [12TH  CONG. 

referring  to  the  contents  of  his  preceding  note  of  the  9th,  as  to 
the  friendly  dispositions  of  his  majesty  towards  the  government 
of  the  United  States,  to  add  the  expressions  of  his  extreme  re 
gret  that  he  cannot  agree  to  the  opinion  expressed  by  Mr.  Er- 
ving  as  being  that  of  his  government,  in  regard  to  the  conduct 
observed  towards  vessels  under  American  flags,  brought  into 
the  ports  of  his  dominion  by  his  armed  vessels  or  by  those  pro 
vided  with  letters  of  marque. 

The  war  in  which  the  Danish  nation  is  engaged  with  Great 
Britain,  who  employs  every  means  to  conceal  from  observation 
the  enterprises  of  its  merchants,  in  making  use  of  foreign  flags : 
and  merchants  have  caused  those  measures,  the  object  of  which 
is  to  preclude  English  commerce  from  the  advantage  growing 
out  of  the  disposition  it  has  always  found  in  the  merchants  of 
other  nations,  to  become  the  agents  of  prohibited  trade :  it  is  too 
well  known  to  Mr.  Erving,  and  it  ought  to  be  to  his  government, 
that  American  merchants  and  mariners  have  frequently  lent 
themselves  to  enterprises  of  this  nature,  for  the  Danish  govern 
ment  to  consider  it  necessary  to  multiply  the  proofs  which  it  has 
on  this  subject. 

It  is  known  to  the  Danish  government  that  the  United  States 
do  not  pretend  either  to  approve  or  defend  the  conduct  of  Ame 
rican  citizens,  who,  from  the  thirst  of  gain,  are  engaged  in  en 
terprises  which  expose  them  to  loss,  if  the  fraud  is  discovered  : 
proofs  are  not  wanting  to  show  that  they  have  frequently  suc 
ceeded  in  imposing  both  on  the  officers  empowered  to  examine 
captured  vessels,  and  on  the  tribunals  of  prizes.  The  subterfu 
ges  to  which  they  resort  to  prevent  the  discovery  of  the  enemy 
character  of  the  expedition  have  necessarily  induced  those  in 
trusted  by  the  king  with  the  examination,  as  well  as  the  tribunal, 
to  redouble  their  activity,  in  order  to  fulfil  the  views  of  his  ma 
jesty  ;  but  it  never  has  been  conformable  with  these  to  suffer  that 
any  injury  should  be  sustained  by  the  mariners  and  merchants 
of  friendly  nations  who  carry  on  a  licit  and  unsuspicious  com 
merce. 

The  persevering  struggle  of  the  Danish  government  in  favour 
of  the  principles  upon  which  repose  the  liberty  of  the  commerce 
and  navigation  of  neutral  nations,  forbids  the  supposition  that  it 
would  wish  to  derogate  from  them  ;  but  it  has  a  complete  right 
to  tear  the  mask  from  the  commerce  of  its  enemy,  who  recogni 
ses  no  law  in  regard  to  navigation,  as  soon  as  neutral  powers  are 
in  question.  The  king  will  not  renounce  the  exercise  of  this 
right.  If  his  majesty  could  be  persuaded  that  in  particular  ca 
ses  it  should  happen  that  appearances  might  have  prevailed  in 
the  examination  of  some  causes  to  the  detriment  of  some  Ame- 


OBSESS.]  STATE  PAPERS.  [59 

rican  citizens,  who  might  not  have  been  able  to  demonstrate  suf 
ficiently  that  their  enterprises  of  commerce  were  legitimate,  he 
would  assuredly  be  led  to  redress  just  complaints,  as  he  has  on 
several  particular  occasions  given  proofs  of  his  favourable  dispo 
sitions  towards  the  American  vessels  which  circumstances  have 
conducted  to  the  ports  of  his  kingdom. 

The  king  wishes,  therefore,  to  give,  himself,  proofs  to  the 
government  of  the  United  States  of  the  sentiments  of  justice  with 
which  he  is  animated. 

The  undersigned  flatters  himself,  that  the  president  of  the 
United  States  will  be  easily  persuaded,  that  during  so  hard  a  con 
test  as  that  which  Denmark  now  sustains  against  the  govern 
ment  who  so  evidently  disavows  the  rights  of  nations  engaged 
in  navigation,  the  moment  is  not  favourable  to  bring  anew  under 
consideration  the  reclamations  which  the  government  of  the 
United  States  may  find  it  convenient  to  make  at  that  period  in 
relation  to  the  objects  in  discussion. 

The  undersigned  has  the  honour  to  renew  to  the  special  mi 
nister  the  assurance  of  his  high  consideration. 

(Signed)  ROSENKRANTZ. 

Copenhagen,  May  8,  1812. 


Message  from  the  President  of  the  United  States,  transmitting  a 
Correspondence  between  the  Department  of  War  and  the  Go 
vernors  of  the  States  of  Massachusetts  and  Connecticut,  upon 
the  subject  of  the  Militia  of  those  States. 

To  the  Senate  and  House  oj  Representatives  of  the  United  States. 

I  transmit  to  congress  copies  of  the  correspondences  between 
the  department  of  war  and  the  governors  of  Massachusetts  and 
Connecticut,  referred  to  in  my  message  of  the  fourth  instant. 

November  6,  1812.  JAMES  MADISON. 

(Circular.) 
Sir,  War  Department,  April  1 5th,  1812. 

I  am  instructed  by  the  president  of  the  United  States  to 
call  upon  the  executives  of  the  several  states,  to  take  effectual 
measures  to  organize,  arna,  and  equip,  according  to  law,  and  hold 
in  readiness  to  march  at  a  moment's  warning,  their  respective 
proportions  of  one  hundred  thousand  militia,  officers  included, 
by  virtue  of  an  act  of  congress,  passed  the  10th  instant,  entitled, 
"  An  act  to  authorize  a  detachment  from  the  militia  of  the  Unit 
ed  States." 


60]  HISTORICAL  REGISTER.    [12TH  CONG. 

This,  therefore,  is  to  require  your  excellency  to  take  effectual 
measures  for  having  ten  thousand  of  the  militia  of  Massachu 
setts  (being  her  quota),  detached  and  duly  organized  in  com 
panies,  battalions,  regiments,  brigades,  and  divisions,  within  the 
shortest  period  that  circumstances  will  permit,  and  as  nearly  as 
possible  in  the  following  proportions  of  artillery,  cavalry,  and  in 
fantry,  viz.  one  twentieth  part  of  artillery,  one  twentieth  part  of 
cavalry,  and  the  residue  infantry.  There  will,  however,  be  no 
objection  on  the  part  of  the  president  of  the  United  States,  to  the 
admission  of  a  proportion  of  riflemen  duly  organized  in  distinct 
corps,  and  not  exceeding  one  tenth  part  of  the  whole  quota  of 
the  states  respectively.  Each  corps  should  be  properly  armed 
and  equipped  for  actual  service. 

When  the  detachment  and  organization  shall  have  been  effect 
ed,  the  respective  corps  will  be  exercised  under  the  officers  set 
over  them,  but  will  not  remain  embodied,  or  be  considered  as  in 
actual  service,  until  by  subsequent  orders  they  shall  be  directed 
to  take  the  field. 

Your  excellency  will  please  to  direct  that  correct  muster  rolls 
and  inspection  returns  be  made  of  the  sev  eral  corps,  and  that  co 
pies  thereof  be  transmitted  to  this  department  as  early  as  possi 
ble.  I  have  the  honour  to  be,  &c. 

(Signed)  WM.  EUSTIS. 

His  excellency  the  Governor  of  Massachusetts. 

War  Department,  June  12th,  1812. 

^ir*I  am  directed  by  the  president  to  request  your  excellency 
to  order  into  the  service  of  the  United  States,  on  the  requisition 
of  major-general  Dearborn,  such  part  of  the  quota  of  militia 
from  the  state  of  Massachusetts,  detached  conformably  to  the  act 
of  April  10th,  1812,  as  he  may  deem"  necessary  for  the  defence 
of  the  sea  coast.  I  have  the  honour  to  be,  &c. 

(Signed)  WM.  EUSTIS. 

His  excellency  Caleb  Strong,  Governor  of  Massachusetts. 

Sir,  Head-quarters,  Boston,  June  22d,  1812. 

I  have  received  instructions  from  the  president  of  the  Unit 
ed  States  to  call  on  your  excellency  for  such  part  of  the  quota  of 
militia  from  the  state  of  Massachusetts,  detached  comformably 
to  the  act  of  congress,  of  April  the  10th,  1812,  as  I  may  deem 
necessary  for  the  defence  of  the  sea  coast ;  and  I  now  have  the 
honour  of  requesting  your  excellency  to  order  fourteen  compa 
nies  of  artillery,  and  twenty-seven  companies  of  infantry,  into 
the  service  of  the  United  States,  for  the  defence  of  the  ports  and 
Harbours  in  this  state,  and  the  harbour  of  Newport.  The  com- 


SD  SESS.]  STATE  PAPERS.  [61 

panics  are  intended  for  the  following  ports  and  harbours,  viz. 
Passamaquoddy,  1  company  of  artillery,  and  4  companies  of  in 
fantry,  with  a  full  complement  of  officers,  to  be  commanded  by 
a  major.  Marblehead,  Salem,  Cape  Ann,  and  Newburyport,  2 
companies  of  artillery,  and  2  companies  of  infantry.  Boston,  4 
companies  of  artillery,  and  8  companies  of  infantry,  with  one 
lieutenant  colonel  commandant,  and  one  major  ;  and  8  compa 
nies  of  infantry  for  the  defence  of  Rhode  Island. 

Having  received  official  information  that  war  has  been  declar 
ed  by  congress  against  Great  Britain,  your  excellency  will  per 
ceive  the  expediency  of  giving  facility  to  such  measures  as  the 
crisis  demands ;  and  as  the  defence  of  the  sea  coast  of  New- 
England  is  at  present  confided  to  my  direction,  I  shall,  with  con 
fidence,  rely  on  all  the  aid  and  support  that  the  respective  gover 
nors  can  afford,  and  more  especially  on  that  of  the  governor  of 
the  important  state  of  Massachusetts  ;  and  I  shall  at  all  times 
receive,  with  the  greatest  pleasure,  any  advice  or  information 
that  your  excellency  may  be  pleased  to  communicate. 

With  respectful  consideration,  I  am,  sir,  your  obedient  ser 
vant, 

H.  DEARBORN. 
His  excellency  Caleb  Strong,  Governor  of  Massachusetts. 

Omitted  in  the  above. 

Machias,  1  company  of  artillery  ;  Penobscot,  1  company  of 
artillery,  and  2  companies  of  infantry,  to  be  commanded  by  a 
major.  Wiscassett  and  Damariscotta,  2  companies  of  artillery, 
one  each.  Kennebunk,  1  company  of  artillery.  Portland,  2 
companies  of  artillery,  and  3  companies  of  infantry,  to  be  com 
manded  by  a  major. 

Sir,  Boston,  June  26,1812. 

Not  having  received  any  notice  from  your  excellency  or 
the  adjutant-general,  of  what  measures  have  been  taken  for  call 
ing  into  the  service  of  the  United  States,  for  the  defence  of  our 
sea  coast,  the  companies  of  detached  militia  proposed  in  a  note 
I  had  the  honour  of  addressing  to  your  excellency  on  the  22d 
instant,  a  sense  of  duty  compels  me  to  solicit  such  information 
on  the  subject  as  the  urgency  of  the  case  demands  ;  and  I  am 
persuaded  that  no  unnecessary  delay  will  disappoint  my  anxi 
ous  desire  for  as  early  information  as  circumstances  will  admit. 

With  great  respect,  &c. 

(Signed)  H,  DEARBORN, 

His  excellency  Caleb  Strong^  &?c. 


62]  HISTORICAL  REGISTER.      [12TH  CONG. 

Sir,  Boston,  June  26,  1 8 1 2. 

I  have  received  your  letter  of  this  day,  in  which  you  re 
quest  information  of  the  measures  which  have  been  taken  for 
calling  the  militia  into  the  service  of  the  United  States. 

I  find  that  governor  Gerry,  on  the  25th  of  April  last,  ordered 
that  ten  thousand  men  should  be  detached  from  the  militia  of 
this  state  ;  but  I  am  informed  by  the  adjutant- general,  that  the 
returns  of  those  detachments  have  not  come  to  hand,  except  in  a 
very  few  instances. 

I  am,  sir,  with  great  respect,  your  most  obedient  servant, 

CALEB  STRONG. 
To  major-general  Dearborn. 

Sir,  War  Department,  July  21, 1812. 

By  information  received  from  major-general  Dearborn,  it 
appears  that  the  detachments  from  the  militia  of  Massachusetts, 
for  the  defence  of  the  maritime  frontier,  required  by  him  under 
the  authority  of  the  president,  by  virtue  of  the  act  of  the  10th  of 
April,  1812,  have  not  been  marched  to  the  several  stations  as 
signed  them. 

Inasmuch  as  longer  delay  may  be  followed  with  distress  to 
a  certain  portion  of  our  fellow-citizens,  and  with  injurious 
consequences  to  our  country,  I  am  commanded  by  the  presi 
dent  to  inform  your  excellency,  that  this  arrangement  of  the  mi 
litia  was  preparatory  to  the  march  of  the  regular  troops  to  the 
northern  frontier.  The  exigencies  of  the  service  have  required, 
and  orders  have  accordingly  been  given  to  major-general  Dear 
born  to  move  the  regular  troops  to  that  frontier,  leaving  a  suffi 
cient  number  to  man  the  guns  in  the  garrisons  on  the  sea  board. 
The  execution  of  this  order  increases,  as  your  excellency  cannot 
fail  to  observe,  the  necessity  of  hastening  the  detached  militia  to 
their  several  posts  as  assigned  by  general  Dearborn  ;  in  which 
case  they  will  of  course  be  considered  in  the  actual  service  and 
pay  of  the  United  States. 

The  danger  of  invasion,  which  existed  at  the  time  of  issuing 
the  order  of  the  president,  increases,  and  I  am  specially  directed 
by  the  president  to  urge  the  consideration  to  your  excellency,  as 
requiring  the  necessary  order  to  be  given  for  the  immediate 
march  of  the  several  detachments  specified  by  general  Dear 
born,  to  their  respective  posts.  I  have  the  honour  to  be,  £c. 
(Signed)  W.  EUSTIS. 

His  excellency  Caleb  Strong,  governor  of  Massachusetts. 

Sir,  Boston,  5th  August,  1812. 

I  received  your  letter  of  the  21st  July,  when  at  Northamp 
ton,  and  the  next  day  came  to  Boston.  The  people  of  this  state 


SD  SESS.]  STATE  PAPERS.  [63 

appear  to  be  under  no  apprehension  of  an  invasion.  Several 
towns  indeed  on  the  sea  coast,  soon  after  the  declaration  of  war, 
applied  to  the  governor  and  council  for  arms  and  ammunition 
similar  to  the  articles  of  that  kind  which  had  been  delivered  to 
them  by  the  state  in  the  course  of  the  last  war,  and  in  some  in 
stances  they  were  supplied  accordingly.  But  they  expressed  no 
desire  that  any  part  of  the  militia  should  be  called  out  for  their 
defence,  and  in  some  cases  we  were  assured  such  a  measure 
would  be  disagreeable  to  them. 

You  observe  in  your  lust  letter  that  the  danger  of  invasion, 
which  existed  at  the  time  of  issuing  the  order  of  the  president, 
increases.  It  would  be  difficult  to  infer  from  this  expression, 
that  in  your  opinion  that  danger  is  now  very  considerable,  as  the 
president's  order  must  have  been  issued  before  war  was  declar 
ed,  your  former  letter  being  dated  the  12th  of  June,  and  general 
Dearborn's,  who  was  then  at  Boston,  on  the  22d  of  that  month. 
Besides,  it  can  hardly  be  supposed  that  if  this  state  had  been  in 
great  danger  of  invasion,  the  troops  would  have  been  called  from 
hence  to  carry  on.  offensive  operations  in  a  distant  province. 
However,  as  it  was  understood  that  the  governor  of  Nova-Sco 
tia  had  by  proclamation  forbid  any  incursions  or  depredations 
upon  our  territories,  and  as  an  opinion  generally  prevailed  that 
the  governor  had  no  authority  to  call  the  militia  into  actual  ser 
vice,  unless  one  of  the  exigencies  contemplated  by  the  constitu 
tion  exists,  I  thought  it  expedient  to  call  the  council  together, 
and  having  laid  before  them  your  letter,  and  those  I  had  receiv 
ed  from  general  Dearborn,  I  requested  their  advice  on  the  sub 
ject  of  them. 

The  council  advised,  "  that  they  are  unable,  from  a  view  of 
the  constitution  of  the  United  States,  and  the  letters  aforesaid, 
to  perceive  that  any  exigency  exists  which  can  render  it  advisea- 
ble  to  comply  with  the  said  requisition.  But  as  upon  important 
questions  of  law,  and  upon  solemn  occasions,  the  governor  and 
council  have  authority  to  require  the  opinion  of  the  justices  of 
the  supreme  judicial  court,  it  is  adviseable  to  request  the  opinion 
of  the  supreme  court  upon  the  following  questions  : 

1st.  Whether  the  commanders  in  chief  of  the  militia  of  the 
several  states  have  a  right  to  determine  whether  any  of  the  exi 
gencies  contemplated  by  the  constitution  of  the  United  States 
exist,  so  as  to  require  them  to  place  the  militia,  or  any  part  of  it, 
in  the  service  of  the  United  States  at  the  request  of.  the  presi 
dent,  to  be  commanded  by  him  pursuant  to  acts  of  congress  ? 

2d.  Whether,  when  either  of  the  exigencies  exist,  authoriz 
ing  the  employing  of  the  militia  in  the  service  of  the  United 
States,  the  militia  thus  employed  can  be  lawfully  commanded  by 


64]  HISTORICAL  REGISTER.    [12TH  CONG. 

any  officer  but  of  the  militia,  except  by  the  president  of  the  Unit 
ed  States  ?" 

I  enclose  a  copy  of  the  answers  given  by  the  judges  to  these 
questions.  Since  the  council  were  called,  a  person  deputed  by 
the  towns  of  Eastport  and  Robinston,  on  our  eastern  boundary 
at  Passam^quoddv,  applied  to  me,  representing  that  they  had  no 
apprehensions  of  an  invasion  by  an  authorized  British  force,  but 
that  there  were  many  lawless  people  on  the  borders  from  whom 
they  were  in  danger  of  predatory  incursions,  and  requesting  that 
they  might  be  furnished  with  some  arms  and  ammunition,  and 
that  three  companies  of  militia  might  be  called  out  for  their  pro 
tection.  The  council  advised  that  they  should  be  supplied  with 
such  arms  and  ammunition  as  were  necessary  for  their  present 
defence,  which  has  been  ordered.  They  also  advised  me  to  call 
into  the  service  of  the  United  States  three  companies  of  the  de 
tached  militia  for  the  purposes  above  mentioned.  I  have  this 
day  issued  an  order  for  calling  out  three  companies  of  the  de 
tached  militia,  to  be  marched  forthwith  to  Passamaquoddy,  and 
to  be  commanded  by  a  major;  two  of  the  companies  will  be  sta 
tioned  at  Eastport,  and  one  company  at  Robinston,  until  the  pre 
sident  shall  otherwise  direct. 

I  have  no  intention  officiously  to  interfere  in  the  measures  of 
the  general  government ;  but  if  the  president  was  fully  acquaint 
ed  with  the  situation  of  this  state,  I  think  he  would  have  no  wish 
to  call  our  militia  into  service  in  the  manner  proposed  by  gene 
ral  Dearborn. 

It  is  well  known  that  the  enemy  will  find  it  difficult  to  spare 
troops  sufficient  for  the  defence  of  their  own  territory,  and  pre 
datory  incursions  are  not  likely  to  take  place  in  this  state ;  for  at 
every  point,  except  Passamaquoddy,  which  can  present  no  ob 
ject  to  those  incursions,  the  people  are  too  numerous  to  be  at 
tacked  by  such  parties  as  generally  engage  in  expeditions  of  that 
kind. 

General  Dearborn  proposed  that  the  detached  militia  should 
be  stationed  at  only  a  few  of  the  ports  and  places  on  the  coast : 
from  the  rest  a  part  of  their  militia  were  to  be  called  away. 
This  circumstance  would  increase  their  danger  :  it  would  invite 
the  aggressions  of  the  enemy,  and  diminish  their  power  of  re 
sistance. 

The  whole  coast  of  Cape  Cod  is  exposed  as  much  as  any  part 
of  the  state  to  depredations.  Part  of  the  militia  must,  accord 
ing  to  this  detaching  order,  be  marched  from  their  homes,  and 
yet  no  place  in  the  old  colony  of  Plymouth  is  assigned  to  be  the 
rendezvous  of  any  of  the  detached  militia. 


2b  SESS.J  STATE  PAPERS.  [65 

Every  harbour  or  port  within  the  state  has  a  compact  settle 
ment,  and  generally  the  country  around  the  harbours  is  popu 
lous.  The  places  contemplated  in  general  Dearborn's  specifica 
tion  as  the  rendezvous  of  the  detached  militia,  excepting  in  one 
or  two  instances,  contain  more  of  the  militia  than  the  portion 
of  the  detached  militia  assigned  to  them.  The  militia  are  well 
organized,  and  would  undoubtedly  prefer  to  defend  their  fire 
sides  in  company  with  their  friends  under  their  own  officers,  ra 
ther  than  to  be  marched  to  some  distant  place,  while  strangers 
might  be  introduced  to  take  their  places  at  home. 

In  Boston  the  militia  are  well  disciplined,  and  could  be  mus 
tered  in  an  hour  upon  any  signal  of  an  approaching  enemy ;  and 
in  six  hours  the  neighbouring  towns  would  pour  in  a  greater 
force  than  any  invading  enemy  will  bring  against  it.  The  same 
remark  applies  to  Salem,  Marblehead,  and  Newburyport;  places 
whose  harbours  render  an  invasion  next  to  impossible.  In  all  of 
them  there  are,  in  addition  to  the  common  militia,  independent 
corps  of  infantry  and  artillery,  well  disciplined  and  equipped, 
and  ready,  both  in  disposition  and  means,  to  repair  to  any  place 
where  invasion  may  be  threatened,  and  able  to  repel  it,  except  it 
should  be  made  by  a  fleet  of  heavy  ships,  against  which  nothing 
perhaps  but  strong  fortifications,  garrisoned  by  regular  troops, 
would  prove  any  defence,  until  the  enemy  should  land,  when  the 
entire  militia  would  be  prepared  to  meet  them. 

Kennebunk  is  unassailable  by  any  thing  but  boats,  which  the 
numerous  armed  population  is  competent  to  resist.  Portland 
has  a  militia  and  independent  corps  sufficiently  numerous  for  its 
defence,  and  the  same  is  the  case  with  Wiscassett  and  Castine. 

Against  predatory  incursions  the  militia  of  each  place  would 
be  able  to  defend  their  property,  and  in  a  very  short  time  they 
would  be  aided,  if  necessary,  by  the  militia  of  the  surrounding 
country.  In  case  of  a  more  serious  invasion,  whole  brigades  or 
divisions  could  be  collected  seasonably  for  defence.  Indeed,  con 
sidering  the  state  of  militia  in  this  commonwealth,  I  think  there 
can  be  no  doubt  that  detaching  a  part  of  it,  and  distributing  it 
into  small  portions,  will  tend  to  impair  the  defensive  power. 

I  have  thus  freely  expressed  to  you  my  own  sentiments,  and, 
so  far  as  I  have  heard,  they  are  the  sentiments  of  the  best  in 
formed  men.  I  am  fully  disposed  to  afford  all  the  aid  to  the 
measures  of  the  national  government  which  the  constitution  re 
quires  of  me  ;  but  I  presume  it  will  not  be  expected  or  desired 
that  I  shall  fail  in  the  duty  which  I  owe  to  the  people  of  this 
state,  who  have  confided  their  interests  to  my  care. 

I  am,sir,withrespect,your  most  obedient  and  humble  servant, 

CALEB  STRONG. 
Honourable  W.  Eustis^  Secretary  of  War. 

VOL.  I,  I  I 


I 


66]  HISTORICAL  REGISTER.     [12Tft  cowov 

To  his  Excellency  the  Governor,  and  the  Honourable  the  Coun 
cil  of  the  Commonwealth  of  Massachusetts. 

The  undersigned  justices  of  the  supreme  judicial  court,  have 
considered  the  questions  proposed  by  your  excellency  and  ho* 
nours  for  their  opinion. 

By  the  constitution  of  this  state,  the  authority  of  commanding 
the  militia  of  the  commonwealth  is  vested  exclusively  in  the  go 
vernor,  who  has  all  the  powers  incident  to  the  office  of  comman 
der  in  chief,  and  is  to  exercise  them  personally,  or  by  subordi 
nate  officers  under  his  command,  agreeably  to  the  rules  and  re 
gulations  of  the  constitution,  and  the  laws  of  the  land. 

While  the  governor  of  the  commonwealth  remained  in  the 
exercise  of  these  powers,  the  federal  constitution  was  ratified,  by 
which  was  vested  in  the  congress  a  power  to  provide  for  calling 
forth  the  militia  to  execute  the  laws  of  the  union,  suppress  in 
surrections,  and  repel  invasions,  and  to  provide  for  governing 
such  part  of  them  as  may  be  employed  in  the  service  of  the  Unit 
ed  States,  reserving  to  the  states  respectively  the  appointment  of 
the  officers. 

The  federal  constitution  further  provides,  that  the  president 
shall  be  commander  in  chief  of  the  army  of  the  United  States, 
and  of  the  militia  of  the  several  states  whenr  called  into  the  actual 
service  of  the  United  States. 

On  the  construction  of  the  federal  and  state  constitutions  must 
depend  the  answers  to  the  several  questions  proposed.  As  the 
militia  of  the  several  states  may  be  employed  in  the  service  of 
{he  United  States  for  the  three  specific  purposes  of  executing  the 
laws  of  the  union,  of  suppressing  insurrections,  and  of  repelling 
invasions,  the  opinion  of  the  judges  is  requested,  whether  the 
commanders  in  chief  of  the  militia  of  the  several  states  have  a 
right  to  determine  whether  any  of  the  exigencies  aforesaid  exist, 
so  as  to  require  them  to  place  the  militia,  or  any  part  of  it,  in 
the  service  of  the  United  States,  at  the  request  of  the  president, 
to  be  commanded  by  hiril  pursuant  to  acts  of  congress. 

It  is  the  opinion  of  the  undersigned  that  this  right  is  vested  in 
the  commanders  in  chief  of  the  militia  of  the  several  states. 

The  federal  constitution  provides,  that  whenever  either  of 
these  exigencies  exist,  the  militia  may  be  employed,  pursuant  to 
some  act  of  congress,  in  the  service  of  the  United  States  ;  but 
no  power  is  given  either  to  the  president  or  to  the  congress  to 
determine  that  either  of  the  said  exigencies  do  in  fact  exist.  As 
this  power  is  not  delegated  to  the  United  States  by  the  federal 
constitution,  nor  prohibited  by  it  to  the  states,  it  is  reserved  to 
the  states  respectively ;  and  from  the  nature  of  the  power,  it 
must  be  exercised  by  those  with  whom  the  states  have  respective 
ly  entrusted  the  chief  command  of  the  militia. 


3D  SESS.]  STATE  PAPERS.  [£.7 

It  is  the  duty  of  these  commanders  to  execute  this  important 
trust  agreeably  to  the  laws  of  their  several  states  respectively, 
without  reference  to  the  laws  or  officers  of  the  United  States,  in 
all  cases  except  those  specially  provided  in  the  federal  constitu 
tion.  They  must  therefore  determine  when  either  of  the  special 
cases  exist,  obliging  them  to  relinquish  the  execution  of  this 
trust, and  to  render  themselves  and  the  militia  subject  to  the  com 
mand  of  the  president.  A  different  construction,  giving  to  con 
gress  the  right  to  determine  when  these  special  cases  exist,  au 
thorizing  them  to  call  forth  the  whole  of  the  militia,  and  taking 
them  from  the  commanders  in  chief  of  the  several  states,  and 
subjecting  them  to  the  command  of  the  president,  would  place 
all  the  militia,  in  effect,  at  the  will  of  congress,  and  produce  a 
military  consolidation  of  the  states,  without  any  constitutional 
remedy,  against  the  intentions  of  the  people  when  ratifying  the 
constitution.  Indeed  since  passing  the  act  of  congress  of  Feb 
ruary  28th,  1795,  C.  101,  vesting  in  the  president  the  power  of 
calling  forth  the  militia  when  the  exigencies  mentioned  in  the 
constitution  shall  exist,  if  the  president  has  the  power  of  deter 
mining  when  those  exigencies  exist,  the  militia  of  the  several 
states  is  in  effect  at  his  command,  and  subject  to  his  controul. 

No  inconveniences  can  reasonably  be  presumed  to  result  from 
the  construction  which  vests  in  the  commanders  in  chief  of  the 
militia  in  the  several  states  the  right  of  determining  when  the  ex 
igencies  exist,  obliging  them  to  place  the  militia  in  the  service  of 
the  U.  States.  These  exigencies  are  of  such  a  nature  that  the 
existence  of  them  can  be  easily  ascertained  by,  or  made  known 
to  the  commander  in  chief  of  the  militia,  and  when  ascertained, 
the  public  interest  will  produce  prompt  obedience  to  the  acts  of 
congress. 

Another  question  proposed  to  the  consideration  of  the  judges 
is,  whether,  when  either  of  the  exigencies  exist  authorizing  the 
employing  of  the  militia  in  the  service  of  the  United  States,  the 
militia  thus  employed  can  be  lawfully  commanded  by  any  offi 
cer  but  of  the  militia,  except  by  the  president  of  the  United 
States. 

The  federal  constitution  declares  that  the  president  shall  be 
commander  in  chief  of  the  army  of  the  United  States.  He  may 
undoubtedly  exercise  this  command  by  officers  of  the  army  of 
the  United  States,  by  him  commissioned  according  to  law.  The 
president  is  also  declared  to  be  the  commander  in  chief  of  the 
militia  of  the  several  states,  when  called  into  the  actual  service 
of  the  United  States.  The  officers  of  the  militia  are  to  be  ap 
pointed  by  the  states,  and  the  president  may  exercise  his  com 
mand  of  the  militia  by  officers  of  the  militia  duly  appointed.  But 


68]  HISTORICAL  REGISTER.     [12TH  CONG, 

we  know  of  no  constitutional  provision  authorizing  any  officer 
of  the  army  of  the  United  States  to  command  the  militia,  or  au 
thorizing  any  officer  of  the  militia  to  command  the  army  of  the 
United  States.  The  congress  may  provide  laws  for  the  govern 
ment  of  the  militia  when  in  actual  service,  but  to  extend  this 
power  to  the  placing  them  under  the  command  of  an  officer  not 
of  the  militia,  except  the  president,  would  render  nugatory  the 
provision,  that  the  militia  are  to  have  officers  appointed  by  the 
states. 

The  union  of  the  militia,  in  the  actual  service  of  the  United 
States,  with  troops  of  the  United  States,  so  far  as  to  form  one 
army,  seems  to  be  a  case  not  provided  for  or  contemplated  in  the 
constitution.  It  is  therefore  not  within  our  department  to  de 
termine  on  whom  the  command  would  devolve  on  such  an  emer 
gency,  in  the  absence  of  the  president.  Whether  one  officer,  ei 
ther  of  the  militia  or  of  the  army  of  the  United  States,  to  be 
settled  according  to  military  rank,  should  command  the  whole  ; 
whether  the  corps  must  be  commanded  by  their  respective  offi 
cers,  acting  in  concert  as  allied  forces,  or  what  other  expedient 
should  be  adopted,  are  questions  to  be  answered  by  others. 

The  undersigned  regret  that  the  distance  of  the  other  justices 
of  the  supreme  judicial  court,  renders  it  impracticable  to  obtain 
their  opinions,  seasonably,  upon  the  questions  submitted. 

THEOPHILUS  PARSONS. 

SAMUEL  SEWALL. 

ISAAC  PARKER. 

Sir,  Boston,  August  2 1 ,  IS  1 2. 

I  mentioned  in  my  letter  to  you  of  the  5th  of  August,  that  I 
had  that  day  issued  an  order  for  calling  out  three  companies  of 
the  detached  militia,  to  be  marched  immediately  to  Passama- 
quoddy,  for  the  defence  of  that  frontier,  and  to  be  commanded 
by  a  major.  In  my  instructions  to  major-general  Sewall,  to  be 
communicated  to  the  major  to  be  designated  by  him,  I  directed 
that  two  of  the  companies  should  be  stationed  at  Eastport,  and 
one  company  at  Robinston,  until  the  president  should  direct 
otherwise  ;  unless  in  the  mean  time,  the  major,  with  the  advice 
of  brigadier  general  Brewer,  who  lives  at  Robinston,  and  to 
whom  I  wrote  on  the  subject,  should  think  a  different  disposition 
of  the  companies  would  be  more  advantageous. 

I  have  this  day  received  a  letter  from  general  Sewall,  dated 
the  17th  instant,  in  which  he  says,  that  he  had  designated  the 
detached  company  in  the  neighborhood  of  Eastport,  under  the 
command  of  captain  Thomas  Vose, junior,  of  Robinston;  the 
detached  company  in  the  interior  neighbourhood  of  Penobscot 


2D  SESS.J  STATE  PAPERS.  [69 

river,  under  the  command  of  captain  Joshua  Chamberlain,  of 
Orrington  ;  and  the  detached  company  in  the  same  neighbour 
hood,  under  the  command  of  captain  Thomas  George,  of  Brew 
er,  to  form  a  battalion,  to  be  commanded  by  major  Nathan  Low, 
of  Deer  Isle,  and  directed  them  to  march  immediately  to  East- 
port,  and  that  they  would  probably  march  the  next  day.  I  shall 
immediately  write  to  major  Low,  and  direct  him  to  conform  to 
the  above  instructions  in  disposing  of  the  companies,  until  the 
president  of  the  United  States  shall  otherwise  direct. 
I  am,  sir,  with  respect,  your  most  obedient  servant, 

(Signed)  CALEB  STRONG. 

Honourable  William  Eustis,  Secretary  of  War. 

Sir,  Northampton,  Sept.  10,  1812. 

I  received  this  morning  a  letter  from  major-general  Sewall, 
dated  the  1st  of  this  month,  in  which  he  mentions  that  the 
detached  troops  from  the  neighbourhood  of  Penobscot,  had 
marched  to  Eastport  five  or  six  days  before  that  time,  with  their 
adjutant  and  quartermaster  ;  but  that  major  Low,  who  was  ap 
pointed  to  command  them,  had  been  released  from  that  service, 
on  account  of  bodily  infirmity  ;  and  that  major  Jacob  Ulmer,  of 
Lincolnville,  was  appointed  in  his  room,  and  had  been  notified 
to  proceed  immediately  to  Eastport. 

General  Sewall  observes,  that  application  had  been  made  to 
him  for  the  appointment  of  a  commissary  and  surgeon  for  the 
post  at  Eastport,  and  if  those  appointments,  or  either  of  them, 
are  thought  necessary,  he  proposes  Mr.  Chevy,  an  officer  in  the 
artillery,  for  the  former,  and  Dr.  Baxtow,  a  surgeon  in  the  mili 
tia,  for  the  latter,  both  inhabitants  of  Eastport. 

I  am,  sir,  with  sentiments  of  respect,  &c. 

(Signed)  CALEB  STRONG. 

Honourable  William  Eustis,  Secretary  of  War. 

(Circular.) 
Sir,  War  Department,  April  1 5th,  1312. 

I  am  instructed  by  the  president  of  the  United  States  to 
call  upon  the  executives  of  the  several  states,  to  tak^  effectual 
measures  to  organize,  arm,  and  equip,  according  to  la*",  and  hold 
in  readiness  to  march  at  a  moment's  warning,  the>r  respective 
proportions  of  one  hundred  thousand  militia,  offcers  included, 
by  virtue  of  an  act  of  congress,  passed  the  10th  instant,  entitled, 
"  An  act  to  authorize  a  detachment  from  the  militia  of  the  Unit 
ed  States." 

This,  therefore,  is  to  require  your  excellency  to  take  effectual  / 
measures  for  having  three  thousand  of  the  militia  of  Connecti 
cut  (being  her  quota),  detached  and  duly  organized  in  corf- 


70]  HISTORICAL  REGISTER.    [12TH  GONG, 

panics,  battalions,  regiments,  brigades,  and  divisions,  within  the 
shortest  period  that  circumstances  will  permit,  and  as  nearly  as 
possible  in  the  following  proportions  of  artillery,  cavalry,  and  in 
fantry,  viz.  one  twentieth  part  of  artillery,  one  twentieth  part  of 
cavalry,  and  the  residue  infantry.  There  will,  however,  be  no 
objection  on  the  part  of  the  president  of  the  United  States,  to  the 
admission  of  a  proportion  of  riflemen  duly  organized  in  distinct 
corps,  and  not  exceeding  one  tenth  part  of  the  whole  quota  of 
the  states  respectively.  Each  corps  should  be  properly  armed 
and  equipped  for  actual  service. 

When  the  detachment  and  organization  shall  have  been  effect 
ed,  the  respective  corps  will  be  exercised  under  the  officers  set 
over  them,  but  will  not  remain  embodied,  or  be  considered  as  in 
actual  service,  until  by  subsequent  orders  they  shall  be  directed 
to  take  the  field. 

Your  excellency  will  please  to  direct  that  correct  muster  rolls 
and  inspection  returns  be  made  of  the  several  corps,  and  that  co 
pies  thereof  be  transmitted  to  this  department  as  early  as  possi 
ble.  I  have  the  honour  to  be,  &c. 

(Signed)  W.  EUSTIS. 

His  excellency  Roger  Griswold,  Governor  of  Connecticut. 

Sir,  Lyme,  April  20th,  1812. 

I  had  the  honour,  this  morning,  to  receive  your  letter  of 
the  15th  inst.  containing  the  directions  of  the  president  of  the 
United  States,  for  detaching  three  thousand  of  the  militia  of 
this  state,  agreeably  to  the  provisions  of  the  act  of  congress  of 
the  ICth  inst.  The  act  itself  has  not  been  received,  and  it  will 
be  very  satisfactory  to  me  to  receive  a  copy  of  it,  by  the  next 
mail,  from  your  department.  In  the  mean  time  every  prepara 
tion  vrill  be  made  for  detaching  the  officers  and  men  agreeably 
to  the  directions  already  received. 

I  ^aave  the  honour  to  be,  with  great  respect,  your  obedient 
and  vtry  humble  servant, 

^Signed)  ROGER  GRISWOLD. 

lion.  \he  Secretary  of  War. 

Sir,  War  Department,  June  12th,  1812. 

I  am  directed  by  the  president  to  request  your  excellency 
to  order  into  the  service  of  the  United  States,  on  the  requisition 
of  major-general  Dearborn,  such  part  of  the  quota  of  militia 
from  the  state  of  Connecticut,  detached  conformably  to  the  act 
of  April  10th,  1812,  as  he  may  deem  necessary  for  the  defence 
of  the  sea  coast.  I  have  the  honour  to  be,  &c. 

(Signed)  WM.  EUSTIS. 

•if is  excellency  Roger  Griswold,  Governor  of  Connecticut. 


2o  SESS.]  STATE  PAPERS.  [7J1 

Sir,  Lyme,  June  17  th,  1812. 

I  have  had  the  honour,  this  afternoon,  to  receive  your  letter  of 
the  12th  instant,  communicating  to  me  the  request  of  the  presi 
dent,  that  I  would  order  into  the  service  of  the  United  States, 
on  the  requisition  of  major-general  Dearborn,  such  part  of  the 
quota  of  militia  from  the  state  of  Connecticut,  detached  con 
formably  to  the  act  of  congress  of  April  10th,  1812,  as  he  may 
deem  necessary  for  the  defence  of  the  sea  coast. 

In  obedience  to  which  request,  I  shall,  on  the  requisition  of 
general  Dearborn,  execute,  without  delay,  the  request  of  the 
president. 

With  great  respect,  I  have  the  honour  to  be,  your  obedient 
servant,  (Signed)  ROGER  GRISWOLD. 

Honourable  Wm.  Eustis,  Secretary  of  War » 

Sir,  Sharon,  Connecticut,  July  2</,  1812. 

His  excellency  governor  Griswold  has  received  from 
major-general  Henry  Dearborn,  a  letter  under  date  of  the  22d 
of  last  month,  requesting  that  five  companies  of  the  militia  of 
this  state,  detached  conformably  to  the  act  of  congress  of  April 
10th,  1812,  may  be  ordered  into  the  service  of  the  United  States, 
to  wit :  "  two  companies  of  artillery,  and  two  companies  of 
infantry,  to  be  placed  under  the  command  of  the  commanding 
officer  at  fort  Trumbull,  near  New  London,  and  one  company 
of  artillery,  to  be  stationed  at  the  battery  at  the  entrance  of  the 
harbour  of  New  Haven*" 

Impressed  with  the  deep  importance  of  the  requisition,  and 
the  serious  considerations  it  involves,  his  excellency  deemed  it 
expedient  to  convene  the  council  at  Hartford,  on  Monday,  the 
29th  ultimo.  He  has  taken  their  advice  upon  this  interesting 
subject,  and  has  formed  his  own  deliberate  opinion  ;  but  as  he 
is  under  the  necessity  of  leaving  the  state  on  a  journey  for  the 
recovery  of  his  health,  it  becomes  my  duty,  as  lieutenant  go 
vernor,  to  communicate  to  you  the  result. 

The  assurance  contained  in  the  governor's  letter  of  the  17th 
June  last,  in  answer  to  yours  of  the  12th  of  the  same  month, 
was  necessarily  given  in  full  confidence,  that  no  demand  would 
be  made  by  general  Dearborn,  but  in  strict  conformity  to  the 
constitution  and  laws  of  the  United  States.  His  excellency 
regrets  to  perceive  that  the  present  requisition  is  supported  by 
neither. 

The  constitution  of  the  United  States  has  ordained,  that 
congress  may  "  provide  for  calling  forth  the  militia,  to  execute 
the  laws  of  the  union,  suppress  insurrections,  and  repel  in~ 
vaswns. 

Accordingly  the  acts  of  congress  of  February,  1795,  and  of 


72]  HISTORICAL  REGISTER.     [12TH  CONG. 

April,  1812,  do  provide  for  calling  forth  the  militia  "in  the  ex 
igencies"  above  mentioned.  The  governor  is  not  informed  of 
any  declaration  made  by  the  president  of  the  United  States,  or 
of  notice  by  him  given  that  the  militia  are  required  u  to  exe 
cute  the  laws  of  the  union,  suppress  insurrections,  or  repel  in 
vasions,"  or  that  "  the  United  States  are  in  imminent  danger 
of  invasion."  As,  therefore,  none  of  these  contingencies  enu 
merated  in  the  constitution,  and  recognized  by  the  laws,  are 
shown  to  have  taken  place,  his  excellency  considers  that  no 
portion  of  the  militia  of  this  state  can,  under  existing  circum 
stances,  be  withdrawn  from  his  authority.  Farther,  if  the  call 
had  been  justified  by  either  of  the  constitutional  exigencies 
already  recited,  still,  in  the  view  of  his  excellency,  an  insupera 
ble  objection  presents  itself  against  placing  the  men  under  the 
immediate  command  of  an  officer  or  officers  of  the  army  of  the 
United  States. 

The  appointment  of  the  officers  of  the  militia,  is  by  the  con 
stitution  expressly  reserved  "  to  the  states  respectively."  In 
the  event  of  their  being  called  into  the  actual  service  of  the 
United  States  in  the  cases  before  specified,  the  laws  of  the 
United  States  provide  for  their  being  called  forth  as  militia, 
furnished  with  proper  officers  by  the  state.  And,  sir,  it  will 
not  escape  your  recollection,  that  the  detachment  from  the 
militia  of  this  state  under  the  act  of  congress  of  the  10th  of 
April  last,  is  regularly  organized  into  a  division,  consisting  of 
brigades,  regiments,  battalions,  and  companies,  and  supplied 
conformably  to  law  with  all  the  necessary  officers.  His  excel 
lency  conceives  then,  that  an  order  to  detach  a  number  of  com 
panies  sufficient  for  the  command  of  a  battalion  officer,  and 
place  them  under  the  command  of  an  officer  of  the  United 
States,  cannot  with  propriety  be  executed,  unless  he  were  also 
prepared  to  admit  that  the  privates  may  be  separated  from  their 
company  officers,  and  transferred  into  the  army  of  the  United 
States  ;  thus  leaving  the  officers,  of  the  militia  without  any  com 
mand  except  in  name,  and  in  effect  impairing,  if  not  annihilating, 
the  militia  itself,  so  sacredly  guaranteed  by  the  constitution  to 
the  several  states.  Under  these  inTpressions  the  governor  has 
thought  proper,  by  and  with  the  advice  of  the  council,  to  refuse 
a  compliance  with  the  requisition  of  major-general  Dearborn. 

His  excellency  is  sincerely  disposed  to  comply  promptly  with 
all  the  constitutional  requests  of  the  national  executive,  a  dis 
position  which  has  ever  been  manifested  by  the  government  of 
this  state,  and  he  laments  the  occasion  which  thus  compels  him 
to  yield  obedience  to  the  paramount  authority  of  the  constitution 
and  laws  of  the  United  States.  He  trusts  the  general  govern 
ment  will  speedily  provide  an  adequate  force  for  the  security 


2D  SESS.]  STATE  PAPERS.  [73 

and  protection  of  the  sea  coast.  In  the  mean  time  his  excel 
lency  has  issued  the  necessary  orders  to  the  general  officers 
commanding  the  militia  in  that  quarter,  to  be  in  readiness  to 
repel  any  invasion  which  may  be  attempted  upon  that  portion 
of  the  state,  and  to  co-operate  with  such  part  of  the  national 
forces  as  shall  be  employed  for  the  same  purpose. 

With  great  respect,  I  have  the  honour  to  be,  sir,  your  obe 
dient  and  very  humble  servant, 

(Signed)  JOHN  COTTON  SMITH. 

The  Hon.  Wm.  Eustis^  Secretary  of  War. 

Sir,  War  Department,  July  14^,  1812. 

I  have  the  honour  to  acknowledge  your  letter  of  the  2d 
inst. — The  absence  of  his  excellency  governor  Griswold,  on  ac 
count  of  ill  health,  is  seriously  to  be  regretted,  particularly  at 
this  important  crisis,  when  his  prompt  assurances  of  obeying 
the  requisition  of  the  president,  to  call  into  the  service  of  the 
United  States,  such  detachments  of  militia  as  might  be  requir 
ed,  conformably  to  the  act  of  April  10,  1812,  through  general 
Dearborn,  are  interrupted  and  suspended  by  your  honour. 

The  reason  assigned  for  refusing  to  execute  the  engagements 
of  his  excellency  governor  Griswold,  appears  not  less  extraor 
dinary  than  the  act  itself.  After  a  declaration  of  war  against  a 
nation  possessed  of  a  powerful  and  numerous  fleet,  a  part  of 
which  were  actually  on  our  coast,  had  been  promulgated,  and 
officially  communicated  to  the  executive  of  the  state,  the  asser 
tion  made  by  your  honour  "  that  the  governor  is  not  informed 
that  the  United  States  are  in  imminent  danger  of  invasion,** 
was  not  to  have  been  expected.  To  remove  all  doubts  from 
your  mind  on  this  subject,  I  am  instructed  by  the  president  to 
state  to  you,  that  such  danger  actually  exists;  and  to  request 
that  the  requisition  of  general  Dearborn,  made  by  his  special 
authority,  for  calling  into  the  service  of  the  United  States 
certain  detachments  of  militia,  from  the  state  of  Connecticut,  be 
forthwith  carried  into  effect. 

The  right  of  the  state  to  officer  the  militia,  is  clearly  recog 
nized  in  the  requisition  of  general  Dearborn.  The  detach 
ments,  when  marched  to  the  several  posts  assigned  them,  with 
their  proper  officers,  appointed  conformably  to  the  laws  of  the 
state,  will  command,  or  be  commanded,  according  to  the  rules 
and  articles  of  war,  and  the  usages  of  service. 
Very  respectfully,  £c. 

(Signed)  W.  EUSTIS. 

His  Honour  John  C.  Smith,  Lieutenant 
Governor  of  the  State  of  Connecticut. 

VOL.  i.  *  K  K 


74]  HISTORICAL  REGISTER.     [12TH  CONG. 


Sir,  Lyme>  August  13th,  1812. 

His  honour  governor  Smith  has  put  into  my  hands  your 
letter  of  the  14th  July,  and  it  is  with  surprize  I  notice  the  con- 
.  struction  you  have  put  on  my  letter  of  the  17th  of  June.  The 
unusual  and  exceptionable  terms  also,  in  which  your  letter  is 
expressed,  have  not  escaped  notice.  But  a  regard  to  the  pro 
priety  of  my  own  conduct,  will  not  allow  me  to  descend  to  any 
comments  upon  its  particular  expressions,  but  leave  me  to  per 
form  my  duty  to  the  general  government,  by  giving  the  ex 
planation  which  appears  proper. 

When  you  communicated  the  request  of  the  president,  that 
any  future  requisition  from  general  Dearborn,  for  a  part  of  the 
drafted  militia,  might  be  complied  with,  it  remained  uncertain 
whether  such  a  requirement  would  be  made,  or,  if  made,  under 
what  circumstances  it  might  take  place. 

Confident,  however,  that  the  president  would  authorise  no 
requisition  which  was  not  strictly  constitutional,  and  particularly 
that  the  order  would  not  exceed  the  conditions  of  the  act  of  the 
10th  of  April,  to  which  you  had  referred,  I  had  no  hesitation  in 
giving  a  general  assurance,  that  the  requisitions  which  the  pre 
sident  might  make  through  general  Dearborn  would  be  com 
plied  with.  I  then  thought,  as  I  do  still,  that  decency,  and  a 
due  respect  to  the  first  magistrate  of  the  union,  required  that 
my  assurance  should  be  general,  and  no  expression  should  be 
used,  which  might  imply  a  suspicion  that  the  president  would 
violate  the  constitution  in  his  orders.  I  also  expected  that  this 
early  and  general  declaration  would  be  considered  as  evidence 
of  a  disposition,  which  has  been  uniformly  felt  in  this  state,  to 
execute  every  constitutional  requisition  from  the  general  go 
vernment. 

In  what  light,  however,  my  expressions  have  been  viewed,  I 
trust  there  will  be  no  future  misconstruction,  when  I  assure 
you,  that  I  neither  intended  nor  expected  to  be  understood  by 
the  general  language  of  my  letter,  or  any  expression  it  contain 
ed,  to  give  the  smallest  assurance,  that  I  would  execute  any 
order,  which  I  judged  repugnant  to  the  constitution,  from 
whatever  source  it  might  emanate. 

The  light  in  which  I  have  viewed  the  order  from  general 
Dearborn,  has  been  already  communicated  by  governor  Smith  j 
and  it  is  only  proper  to  add,  that  my  opinion  has  not  changed, 
but  is  confirmed  by  the  unanimous  opinions  of  the  council  of 
the  state. 

The  new  light  in  which  you  have  presented  the  subject  in 
your  letter  to  governor  Smith,  has  received  every  attention,  but 


2D  SESS.]  STATE  PAPERS.  [  .75 

still  my  opinion  remains  the  same.  The  war  which  has  com 
menced,  and  the  cruising  of  a  hostile  fleet  on  our  coast,  is  not 
invasion  :  and  the  declaration  of  the  president,  that  there  is  im 
minent  danger  of  invasion,  is  evidently  a  consequence  drawn 
from  the  facts  now  disclosed,  and  is  not  in  my  opinion  warrant 
ed  by  those  facts.  If  such  consequences  were  admitted  to  re 
sult  from  a  declaration  of  war  with  a  European  power,  it  would 
follow,  that  every  war  of  that  character  would  throw  the  militia 
into  the  hands  of  the  national  government,  and  strip  the  states 
of  the  important  right  reserved  to  them.  In  addition  to  the 
foregoing  facts,  it  is  proper  for  me  further  to  observe,  that  I  have 
found  it  difficult  to  fix  in  my  mind  the  meaning  of  the  words,  "im 
minent  danger  of  invasion"  used  by  congress  in  the  act  of  the 
28th  of  Feb.  1795,  and  now  repeated  in  your  letter,  as  no  such 
expression  is  contained  in  that  part  of  the  constitution  which 
authorises  the  president  to  call  the  militia  into  service.  Pre 
suming,  however,  that  some  definite"  meaning,  thought  consis 
tent  with  the  constitution,  was  at  the  time  annexed  to  the  ex 
pression,  I  have  rather  inferred  that  the  legislature  must  have 
intended  only  to  include  an  extreme  case,  where  an  enemy  had 
not  passed  the  line  of  the  United  States,  but  were  evidently  ad 
vancing  in  force  to  invade  our  country.  Such  a  case  would  un 
doubtedly  come  within  the  spirit  of  the  constitution,  although 
it  might  not  be  included  in  its  literal  expression. 

But  whether  the  congress^  in  1795,  were  justified  in  the  ex 
pression  or  not,  is  unimportant,  there  being  no  difficulty,  in  the 
present  case,  as  none  of  the  facts  disclosed  furnish  any  thing 
more  than  a  slight  danger  of  invasion,  which  the  constitution 
could  not  contemplate,  and  which  might  exist  even  in  times  of 
peace. 

Whilst  I  regret  this  difference  of  opinion  on  a  question  of 
such  importance,  I  do  not  doubt  that  the  president  will  do  me 
the  justice  to  believe  that  a  sense  of  duty  leaves  me  no  other 
course  to  pursue,  and  that  every  means  for  the  defence  of  the 
state  will  be  speedily  provided. 

I  have  the  honour  to  be,  &c. 

.       (Signed)  ROGER  GRISWOLD, 

Hon.  Wm*  Eustis,  k?c. 


76]  HISTORICAL  REGISTER.     [12TH  CONG. 

Message  from  the  President  of  the  United  States, communicating 
further  information  relative  to  the  pacific  advances  made  on 
the  part  of  this  Government  to  that  of  Great  Britain. 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 

For  the  farther  information  of  congress  relative  to  the  pacific 
advances  made  on  the  part  of  this  government,  to  that  of  Great 
Britain,  and  the  manner  in  which  they  have  been  met  by  the  lat 
ter,  I  transmit  the  sequel  of  the  communications  on  that  subject, 
received  from  the  late  charge  d'affaires  at  London. 

November  12M,  1812.  JAMES  MADISON. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  19th  Sept.  1812. 

On  the  12th  instant  I  received  your  letter  of  Juh  last,  and 
the  copies  of  my  note  to  lord  Castlereagh  and  of  his  lordship's 
reply,  enclosed  herein,  will  inform  you  that  the  propositions 
made  in  consequence  of  it  have  been  rejected. 

As  I  have  but  this  moment  heard  of  the  immediate  departure 
of  the  Friends,  I  have  time  only  to  add  that  I  have  received  the 
communications  of  Mr.  Graham  of  the  9th  and  10th  of  August 
by  the  Gleaner,  and  that  I  leave  London  this  evening  to  embark 
on  board  the  Lark,  at  Plymouth,  for  New  York. 

I  am,  with  great  respect  and  consideration,  sir,  your  faithful 
and  obedient  servant, 

(Signed)  JONA.  RUSSELL. 

An  interesting  interview  took  place  between  lord  Castle- 
reagh,and  myself  on  the  16th  instant ;  the  account  of  which  I 
must,  for  want  of  time,  reserve  until  I  have  the  honour  to  see 
you. 

• 

Mr.  Russell  to  Lord  Castlereagh. 
[Private.] 
My  lord,  18,  Bentinck- street,  12th  Sept.  1812. 

In  consequence  of  additional  instructions  which  I  received 
from  my  government  this  morning,  I  called  about  noon  at  the 
Foreign  Office,  and  found  with  regret  that  your  lordship  was  out 
of  town.  My  object  was  to  communicate  to  your  lordship  the 
powers  under  which  I  act,  that  you  might  perceive  their  validity 
and  extent.  I  have,  however,  sought  to  state  them  substantial 
ly,  in  the  official  letter  which  I  have  herewith  the  honour  to 
transmit  to  your  lordship  ;  but  should  you  find  any  thing  that 
stands  in  need  of  explanation,  previous  to  being  submitted  to  his 
royal  highness,  I  shall  remain  at  18  Bentinck-street,  to  receive 


2o  SESS.]  STATE  PAPERS.  [77 

the  commands  of  your  lordship.  If  your  lordship  could,  in 
courtesy,  find  any  motive  in  my  personal  convenience  to  hasten 
a  decision  upon  the  propositions  which  I  have  submitted,  the 
season  of  the  year,  my  anxiety  to  depart  (all  my  arrangements 
being  made,  all  my  luggage  having  left  town),  and  the  detention 
of  the  Lark  at  much  expense,  will  plead  powerfully  in  my  favour. 

I  have  the  honour,  &c. 
(Signed)  JONA.  RUSSELL. 

Mr.  Russell  to  Lord  Castlereagh. 
My  lord,  1 8,  Bentmck-street,  1 2th  September,  1812. 

I  hasten,  authorised  by  instruction  recently  received  from 
the  government  of  the  United  States,  and  urged  by  an  unfeign 
ed  anxiety  to  arrest  the  calamities  of  war,  to  propose  to  your 
lordship  a  convention  for  the  suspension  of  hostilities,  to  take  ef 
fect  at  such  time  as  may  be  mutually  agreed  upon  ;  and  stipulat 
ing  that  each  party  shall  forthwith  appoint  commissioners  with 
full  power  to  form  a  treaty,  which  shall  provide,  by  reciprocal 
arrangements,  for  the  security  of  their  seamen  from  being  taken 
or  employed  in  the  service  of  the  other  power,  for  the  regulation 
of  their  commerce,  and  all  other  interesting  questions  now  de 
pending  between  them,  and  that  the  armistice  shall  not  cease 
without  such  previous  notice  by  one  to  the  other  party,  as  may 
be  agreed  upon,  and  shall  not  be  understood  as  having  any  other 
effect  than  merely  to  suspend  military  operations  by  land  and  by 
sea. 

In  proposing  to  your  lordship  these  terms  for  a  suspension  of 
hostilities,  I  am  instructed  to  come  to  a  clear  and  distinct  un 
derstanding  with  his  Britannic  majesty's  government,  without  re 
quiring  it  to  be  formal,  concerning  impressment,  comprising  in 
it  the  discharge  of  the  citizens  of  the  United  States  already  im 
pressed  ;  and  concerning  future  blockades,  the  revocation  of  the 
orders  in  council  being  confirmed. 

Your  lordship  is  aware  that  the  power  of  the  government  of 
the  United  States  to  prohibit  the  employment  of  British  seamen 
must  be  exercised  in  the  sense  and  spirit  of  the  constitution  ;  but 
there  is  no  reason  to  doubt  but  that  it  will  be  so  exercised  effec 
tually,  and  with  good  faith. 

Such  a  measure  as  it,  might,  by  suitable  regulations  and  penal 
ties,  be  made  completely  effectual  and  satisfactory,  would  ope 
rate  almost  exclusively  in  favour  of  Great  Britain,  for  as  few 
American  seamen  ever  enter  voluntarily  into  the  British  ser 
vice,  the  reciprocity  would  be  nominal,  and  it  is  sincerely  believ 
ed  that  it  would  be  more  than  an  equivalent  for  any  advantage 
she  may  derive  from  impressment. 


78]  HISTORICAL  REGISTER.    [ISTH  CONG. 

By  the  proposition  which  I  have  now  the  honour  to  make  in 
behalf  of  my  government,  your  lordship  will  perceive  the  earnest 
desire  of  the  president  to  remove  every  obstacle  to  an  accommo 
dation,  which  consists  merely  of  form ;  and  to  secure  the  rights 
and  interests  of  the  United  States  in  a  manner  the  most  satisfac 
tory  and  honourable  to  Great  Britain  as  well  as  to  America. 

The  importance  of  the  overture  now  made,  will,  I  trust,  ob 
tain  for  it  the  early  consideration  of  his  royal  highness  the  prince 
regent,  and  I  shall  detain  the  vessel  in  which  I  have  taken  my 
passage  to  the  United  States  until  I  have  the  honour  to  learn 
his  decision.  I  have  the  honour  to  be,  &c. 

(Signed)  JONA.  RUSSELL. 

Mr.  Hamilton  to  Mr.  Russell. 
Dear  sir,  Foreign  Office,  Sept.  16,  1812. 

I  have  not  seen  lord  Castlereagh  since  his  receipt  of  your 
two  letters  of  the  but  have  received  his  directions 

to  say  to  you,  that  he  is  concerned  that  he  cannot  have  it  in  his 
power  to  reply  to  them  for  a  few  days ;  or  would  have  had  much 
pleasure  in  attending  immediately  to  your  request  in  that  res 
pect.  You  may  be  assured  that  no  delay  will  take  place,  which 
can  be  avoided.  I  am,  dear  sir,  faithfully  yours, 

(Signed)  WM.  HAMILTON. 

Jona.  Russell,  Esq.  &c. 

Mr.  Russell  to  Mr.  Hamilton. 
Dear  sir,  No.  18,  Bentinck  Street,  Sept.  16,  1812. 

I  have  learnt  with  much  regret  and  disappointment,  that  lord 
Castlereagh  has  directed  you  to  inform  me,  that  it  is  not  in  his 
power  to  give  an  immediate  answer  to  the  last  letters  which  I 
have  had  the  honour  to  address  to  him.  The  object  of  those 
letters  was  of  a  nature  to  require  an  early  decision.  Reluctant, 
however,  by  any  precipitancy  on  my  part,  to  protract  the  present 
unhappy  relations  between  the  two  countries,  I  beg  you  to  ac 
quaint  his  lordship,  that  I  shall  remain  in  town  until  Sunday, 
(the  20th  instant,)  when,  unless  some  special  and  satisfactory 
reason  be  assigned  for  a  longer  delay,  I  shall  consider  it  to  be  my 
duty  to  proceed  to  Plymouth  to  embark  for  the  United  States. 
I  am,  dear  sir,  &C. 

(Signed)  JONA.  RUSSELL. 

William  Hamilton,  Esq.  &c. 

N.  B.  Sent  at  3  o'clock. 


2o  SESS.J  STATE  PAPERS.  [79 

(Copy.) 

Lord  Castlereagh  presents  his  compliments  to  Mr.  Russell, 
and  requests  to  have  the  honour  of  seeing  him  at  his  house  in 
St.  James'  square,  at  nine  o'clock  this  evening. 

Foreign  Office,  September  16,  1812. 

N.  B.  Received  a  little  before  5  o'clock. 

Lord  Castlereagh  to  Mr.  Russell. 
Sir,  Foreign  Office,  Sept.  18,  1812. 

Under  the  explanations  you  have  afforded  me,  of  the  na 
ture  of  the  instructions  you  have  received  from  your  govern 
ment,  I  have,  as  on  the  preceding  occasion,  been  induced  to  lay 
your  letter  of  the  12th  instant,  before  his  royal  highness  the 
prince  regent. 

His  royal  highness  commands  me  to  express  to  you  his  regret 
that  he  cannot  perceive  any  substantial  difference  between  the 
proposition  for  a  suspension  of  hostilities,  which  you  are  now 
directed  to  make,  and  that  which  was  contained  in  your  letter  of 
the  24th  of  August  last.  The  form  of  the  proposed  arrange 
ment,  it  is  true,  is  different ;  but  it  only  appears  to  aim  at  exe 
cuting  the  same  purpose  in  a  more  covert,  and,  therefore,  in  a 
more  objectionable  manner. 

You  are  now  directed  to  require,  as  preliminary  to  a  suspen 
sion  of  hostilities,  a  clear  and  distinct  understanding,  without, 
however,  requiring  it  to  be  formal,  on  all  the  points  referred  to 
in  your  former  proposition ;  it  is  obvious,  that  were  this  propo 
sal  acceded  to,  the  discussion  on  the  several  points  must  substan 
tially  precede  the  understanding  required. 

This  course  of  proceeding,  as  bearing  on  the  face  of  it  a  cha 
racter  of  disguise,  is  not  only  felt  to  be  in  principle  inadmissible, 
but  as  unlikely  to  lead  in  practice  to  any  advantageous  result,  as 
it  does  not  appear,  on  the  important  subject  of  impressment,  that 
you  are  either  authorised  to  propose  any  specific  plan,  with  re 
ference  to  which  the  suspension  of  that  practice  could  be  made 
a  subject  of  deliberation,  or  that  you  have  received  any  instruc 
tions  for  the  guidance  of  your  conduct  on  some  of  the  leading 
principles,  which  such  a  discussion  must  in  the  first  instance 
involve. 

Under  these  circumstances  the  prince  regent  sincerely  laments 
that  he  does  not  feel  himself  enabled  to  depart  from  the  deci 
sion  which  I  was  directed  to  convey  to  you  in  my  letter  of  the  2d 
instant.  I  have  the  honour,  &c. 

(Signed)  CASTLEREAGH. 

Jonathan  Russell,  Esg.  &Pc. 


80]  HISTORICAL  REGISTER.     [12xii  CONG, 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  19th  September,  1812. 

Since  writing  you  this  morning,  fearing  that  this  government 
should  infer  from  my  silence,  an  acquiescence  in  the  strange 
and  unwarrantable  view  which  lord  Castlereagh  has  in  his  last 
note  thought  fit  to  take  of  the  overtures  which  I  have  submitted, 
and  of  the  powers  under  which  I  acted,  I  have  considered  it  my 
duty  to  return  an  answer,  of  which  the  enclosed  is  a  copy. 

With  great  consideration  and  respect,  I  am,  sir,  &c. 

(Signed)  JONA.  RUSSELL. 

The  honourable  James  Monroe,  &c. 

Mr.  Russell  to  Lord  Castlereagh. 

(Copy.) 
My  lord,  London,  19th  September,  1812. 

I  had  the  honour  to  receive  last  evening  your  lordship's  note 
of  yesterday,  and  have  learnt  with  great  regret  and  disappoint 
ment,  that  his  royal  highness  the  prince  regent  has  again  reject 
ed  the  just  and  moderate  propositions  for  a  suspension  of  hosti 
lities  which  I  have  been  instructed  to  present  on  the  part  of  my 
government. 

After  the  verbal  explanations  which  I  had  the  honour  to  af 
ford  your  lordship  on  the  16th  instant,  both  as  to  the  object  and 
sufficiency  of  my  instructions,  I  did  not  expect  to  hear  repeated 
any  objections  on  these  points.  For  itself,  the  American  go 
vernment  has  nothing  to  disguise,  and  by  varying  the  proposi 
tion  as  to  the  manner  of  coming  to  a  preliminary  understanding, 
it  merely  intended  to  leave  to  the  British  government  that  which 
might  be  most  congenial  to  its  feelings.  The  propositions  pre 
sented  by  me,  however,  on  the  24th  August,  and  12th  instant, 
are  distinguishable  by  a  diversity  in  the  substance,  as  well  as  in 
the  mode  of  the  object  which  they  embraced;  as  by  the  former 
the  discontinuance  of  the  practice  of  impressment  was  to  be  im 
mediate,  and  to  precede  the  prohibitory  law  of  the  United  States, 
relative  to  the  employment  of  British  seamen ;  when  by  the  lat 
ter  both  these  measures  are  deferred,  to  take  effect  simultaneous 
ly  hereafter.  Having  made  a  precise  tender  of  such  law,  and 
exhibited  the  instructions  which  warranted  it  to  your  lordship,  I 
have  learnt  with  surprise,  that  it  does  not  appear  to  your  lord 
ship,  that  I  am  authorised  to  propose  any  specific  plan  on  the 
subject  of  impressment.  I  still  hope  that  the  overtures  made 
by  me,  may  again  be  taken  into  consideration  by  his  Britannic 
majesty's  government;  and,  as  I  leave  town  this  afternoon  for 
the  United  States,  that  it  will  authorize  some  agent  to  proceed 


2D  SESS.J  STATE  PAPERS.  [81 

thither,  and  adopt  them  as  a  basis  for  reconciliation  between  the 
two  countries,  an  event  so  devoutly  to  be  wished. 
I  have  the  honour  to  be,  &c. 

(Signed)  JONA.  RUSSELL. 

Mr.  Russell  to  Mr.  Monroe. 
[Private.] 
Sir,  On  board  the  Lark,  7th  November,  181& 

I  have  the  honour  to  inform  you  that  I  am  now  passing  the 
Narrows,  and  expect  to  land  at  New  York  this  day.  I  con 
ceive  it  to  be  my  duty  to  repair  to  the  seat  of  government,  and 
shall  set  off  as  soon  as  I  can  obtain  my  baggage.  In  the  mean 
time  I  am  sorry  to  inform  you,  that  the  second  proposition  for 
an  armistice  was  rejected  like  the  first,  and  a  vigorous  prosecu 
tion  of  the  war  appears  to  be  the  only  honourable  alternative 
left  to  us. 

I  have  the  honour  to  be,  with  great  consideration  and  respect, 
sir,  your  very  obedient  servant, 

(Signed)  JONA.  RUSSELL. 

Honourable  James  Monroe*  &?c.  &c.  &c. 


Message  from  the  President  of  the  United  States,  transmitting 
copies  of  a  communication  from  Mr.  Russell  to  the  Secretary 
of  State,  connected  with  the  correspondence  communicated  by 
his  message  of  the  twelfth  instant,  relative  to  the  pacific 
advances  made  on  the  part  of  this  Government,  to  that  of 
Great  Britain. 

To  the  Senate  and  House  oj  Representatives  of  the  United  States. 
I  transmit  to  congress  copies  of  a  communication  from  Mr. 
Russell  to  the  secretary  of  state.     It  is  connected  with  the  cor 
respondence  accompanying  my  message  of  the  12th  instant,  but 
had  not  at  that  date  been  received. 
fNovember  18th,  1812.  JAMES  MADISON. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  Washington,  16th  Nov.  1812. 

I  have  the  honour  to  hand  you  herewith  an  account  of  the 

conversation  alluded  to  in  a  postscript  to  my  letter  of  the  19th 

of  September,  and  which  I  had  not  sufficient  time  then  to  copy. 

I  have  the  honour  to  be,  with  great  consideration  and  respect, 

sir,  your  obedient  servant, 

(Signed)  JONATHAN  RUSSELL. 

The  Hon.  James  Monroe,  &c.  fcfc.  £?c. 

VOL.  I.  L  L 


82]  HISTORICAL  REGISTER.     [12TH  CONG. 

JUiv  Russell  to  the  Secretary  of  State,  dated 
Sir,  London,  Sept.  17, 1812. 

On  the  12th  instant,  I  had  the  honour  to  receive  your 
letter  of  the  27th  of  July  last..  I  called  immediately  at  the 
^Foreign  Office  to  prepare  lord  Castlereagh,  by  imparting  to  him 
the  nature  and  extent  of  my  instructions,  for  the  communication 
which  it  became  me  to  make  to  him.  His  lordship  was  in  the 
country,  and  I  was  obliged  to  write  to  him  without  previously 
seeing  him.  I  however  accompanied  my  official  note  (A*) 
with  a  private  letter  (B*),  offering  explanation,  if  required,  and 
soliciting  despatch. 

I  waited  until  2  o'clock,  the  16th  instant,  without  hearing 
from  his  lordship,  when  I  was  much  surprised  at  receiving  a 
note  (C^j  from  Mr.  Hamilton,  the  under  secretary,  indefinitely 
postponing  an  official  reply.  To  give  more  precision  to  the 
transaction,  I  instantly  addressed  to  him  an  answer  (D*),  and 
a  little  before  5  o'clock,  on  the  same  day,  I  received  an  invita 
tion  (E#)  from  lord  Castlereagh  to  meet  him  at  his  house  that 
evening  at  9  o'clock. 

I  waited  on  his  lordship  at  the  time  appointed,  and  found 
him,  in  company  with  Mr.  Hamilton,  at  a  table  loaded  with  the 
records  of  American  correspondence,  which  they  appeared  to 
have  been  examining. 

I  was  courteously  received,  and  after  a  conversation  of  a  few 
minutes  on  indifferent  subjects,  I  led  the  way  to  the  business  on 
which  I  came,  by  observing  that  I  had  once  more  been  au 
thorised  to  present  the  olive  branch,  and  hoped  it  would  not  be 
again  rejected. 

His  lordship  observed,  that  he  had  desired  the  interview  to 
ascertain,  before  he  submitted  my  communication  of  the  1 6th 
instant  to  the  prince  regent,  the  form  and  nature  of  the  powers 
under  which  I  acted.  To  satisfy  him  at  once  on  both  these 
points,  I  put  into  his  hands  your  letter  of  the  27th  July.  I  the 
more  willingly  adopted  this  mode  of  procedure,  as,  besides  the 
confidence  which  its  frankness  was  calculated  to  produce,  the 
letter  itself  would  best  define  my  authority,  and  prove  the 
moderation  and  conciliatory  temper  of  my  government. 

His  lordship  read  it  attentively.  He  then  commented  at 
some  length  both  on  the  shape  and  substance  of  my  powers. 
With  regard  to  the  former  he  observed,  that  all  my  authority 
was  contained  in  a  letter  from  the  secretary  of  state,  which,  as 
my  diplomatic  functions  had  ceased,  appeared  but  a  scanty 
foundation  on  which  to  place  the  important  arrangement  I  had 

*  The  notes  referred  to  will  be  found  at  pages  76— »78. 


.. 

STATE  PAPERS.  [83 

been  instructed  to  propose.  With  regard  to  the  extent  of  my 
powers,  he  could  not  perceive  that  they  essentially  differed  from 
those  under  which  I  had  brought  forward  the  propositions  con 
tained  in  my  note  of  the  24th  of  August.  He  considered  that, 
to  enter  with  me  into  the  understanding,  required  as  a  prelimi 
nary  to  a  convention  for  an  armistice,  he  would  be  compelled  to 
act  on  unequal  ground,  as,  from  his  situation,  he  must  necessari 
ly  pledge  his  government,  when,  from  the  nature  of  my  autho 
rity,  I  could  give  no  similar  pledge  for  mine'.  He  could  not 
therefore  think  of  committing  the  British  faith  and  leaving  the 
American  government  free  to  disregard  its  engagements. 
Besides,  it  did  not  appear  to  him,  that,  at  the  date  of  my  last 
instructions,  the  revocation  of  the  orders  in  council,  on  the  23d 
of  June,  had  been  received  at  Washington,  and  that  great  hopes 
were  entertained  of  the  favourable  effect  such  intelligence  would 
produce  there.  The  question  of  impressment,  he  went  on  to 
observe,  was  attended  with  difficulties,  of  which  neither  I  nor 
my  government  appeared  to  be  aware.  u  Indeed,"  he  continu 
ed,  u  there  has  evidently  been  much  misapprehension  on  this 
subject,  and  an  erroneous  belief  entertained  that  an  arrange 
ment,  in  regard  to  it,  has  been  nearer  an  accomplishment  than 
the  facts  will  warrant.  Even  our  friends  in  congress,  I  mean 
(observing  perhaps  some  alteration  in  my  countenance)  those 
who  were  opposed  to  going  to  war  with  us,  have  been  so  .con 
fident  in  this  mistake,  that  they  have  ascribed  the  failure  of  such 
an  arrangement  solely  to  the  misconduct  of  the  American  go 
vernment.  This  error  probably  originated  with  Mr.  King, 
for,  being  much  esteemed  here,  and  always  well  received  by  the 
persons  then  in  power,  he  seems  to  have  njisconstrued  their 
readiness  to  listen  to  his  representations  and  their  warm  profes 
sions  of  a  disposition  to  remove  the  complaints  of  America,  in 
relation  to  impressment,  into  a  supposed  conviction  on  their 
part  of  the  propriety  of  adopting  the  plan  which  he  had  propos 
ed.  But  lord  St.  Vincent,  whom  he  might  have  thought  he 
had  brought  over  to  his  opinions,  appears  never  for  a  moment 
to  have  ceased  to  regard  all  arrangement  on  the  subject  to  be 
attended  with  formidable,  if  not  insurmountable  obstacles. 
This  is  obvious  from  a  letter  which  his  lordship  addressed  to 
sir  William  Scott  at  the  time."  Here  lord  Castlereagh  read  a 
letter  contained  in  the  records  before  him,  in  which  lord  St. 
Vincent  states  to  sir  William  Scott,  the  zeal  with  which  Mr. 
King  had  assailed  him  on  the  subject  of  impressment,  confesses 
his  ow  perplexity  and  total  incompetency  to  discover  any  prac 
tical  project  for  the  safe  discontinuance  of  that  practice,  and 
asks  for  council  and  advice.  "  Thus  you  see,"  proceeded  lord 


84]  HISTORICAL  REGISTER.      [12TH  CONG. 

Castlereagh, "  that  the  confidence  of  Mr.  King  on  this  point 
was  entirely  unfounded." 

The  extreme  difficulty,  if  not  total  impracticability  of  any 
satisfactory  arrangement  for  the  discontinuance  of  impressment, 
is  most  clearly  manifested  by  the  result  of  the  negotiation 
carried  on  between  Messrs.  Monroe  and  Pinkney  and  lords 
Auckland  and  Holland.  The  doctrines  of  which  these  noble 
men  had  been  the  advocates,  when  in  opposition,  bound  them 
by  all  the  force  of  consistency  to  do  every  thing  under  their 
commission  for  the  satisfaction  of  America,  relative  to  impress 
ment,  which  the  nature  of  the  subject  would  possibly  admit. 
There  were  many  circumstances,  on  that  occasion,  peculiarly 
propitious  to  an  amicable  arrangement  on  this  point,  had  such 
an  arrangement  been,  at  all,  attainable.  Both  parties  accord 
ingly  appear  to  have  exhausted  their  ingenuity  in  attempting  to 
devise  expedients  satisfactorily  to  perform  the  office  of  impress 
ment  ;  and  nothing  can  more  conclusively  demonstrate  the  in 
herent  difficulty  of  the  matter,  and  the  utter  impossibility  of 
finding  the  expedient  which  they  sought,  than  that  all  their  la 
bours,  pursued  on  that  occasion  with  unexampled  diligence,  cor 
diality,  and  good  faith,  should  have  been  in  vain. 

His  lordship  now  turned  to  a  letter  in  a  volume  before  him, 
addressed  at  the  close  of  the  negotiation  by  these  commission 
ers  to  the  American  ministers,  conceived  in  the  kindest  spirit 
of  conciliation,  in  which  they  profess  the  most  earnest  desire  to 
remove  all  cause  of  complaint  on  the  part  of  America,  concern 
ing  impressment ;  regret  that  their  endeavours  had  hitherto 
been  ineffectual;  lament  the  necessity  of  continuing  the  prac 
tice,  and  promise  to  provide  as  far  as  possible  against  the  abuse 
of  it. 

"  If,"  resumed  his  lordship,  "  such  was  the  result  of  a  nego 
tiation  entertained  under  circumstances  so  highly  favourable, 
where  the  powers  and  the  disposition  of  the  parties  were  limited 
only  by  the  difficulties  of  the  subject,  what  reasonable  expecta 
tion  can  be  encouraged  that,  in  the  actual  state  of  things,  with 
your  circumscribed  and  imperfect  authority,  we  can  come  to  a 
more  successful  issue?  I  shall  have  to  proceed  in  so  weighty  a 
concern  with  the  utmost  deliberation  and  circumspection ;  and 
it  will  be  necessary  for  me  to  consult  the  great  law  officers  of 
the  crown.  You  are  not  aware  of  the  great  sensibility  and 
jealousy  of  the  people  of  England  on  this  subject ;  and  no  ad 
ministration  could  expect  to  remain  in  power  that  should  con 
sent  to  renounce  the  right  of  impressment,  or  to  suspend  the 
practice,  without  the  certainty  of  an  arrangement  which  should 
obviously  be  calculated  most  unequivocally  to  secure  its  object. 


2o  SESS.]  STATE  PAPERS.  [85 

Whether  such  an  arrangement  can  be  devised  is  extremely 
doubtful,  but  it  is  very  certain  that  you  have  no  sufficient 
powers  for  its  accomplishment." 

Such  was  the  substance,  and,  in  many  parts,  the  language  of 
his  lordship's  discourse.  To  which  I  replied,  that  the  main 
object  of  my  powers  being  to  effect  a  suspension  of  hostilities, 
their  form  could  not  be  material — it  was  sufficient  that  they 
emanated  from  competent  authority ,  and  were  distinctly  and 
clearly  conferred.  That  in  requiring  as  a  condition  to  an 
armistice  a  clear  understanding  relative  to  impressment  and 
other  points  of  controversy  between  the  two  countries,  it  was 
intended  merely  to  lay  the  basis  of  an  amicable  adjustment,  and 
thereby  to  diminish  the  probability  of  a  renewal  of  hostilities. 
To  come  to  such  an  understanding,  to  be  in  itself  informal,  and 
which  expressly  left  the  details  of  the  points  which  it  embraced 
to  be  discussed  and  adjusted  by  commissioners  to  be  hereafter 
appointed,  was  certainly  within  the  instructions  which  I  had 
received,  and  I  could  of  course  thus  far  pledge  my  government 
for  its  observance.  I  did  not  acknowledge  the  force  of  his  ob 
jection,  predicated  on  the  inequality  of  our  respective  powers, 
nor  perceive  how  the  British  faith  would  be  particularly  com 
mitted.  The  faith  of  both  governments  would  be  equally  com 
mitted  for  whatever  was  done  under  their  respective  authority  ; 
and  although  his  lordship  might  have  power  to  go  beyond  the 
armistice  and  understanding  for  which  I  was  instructed,  yet 
there  was  no  necessity  for  doing  so  ;  and  while  we  acted  within 
those  limits  we  stood  on  equal  ground.  And  were  it  other 
wise,  yet,  as  the  promise  of  the  one  party  would  be  the  sole  con- 
sideration  for  the  promise  of  the  other,  should  either  fail  in  the 
performance  of  its  engagements,  the  other  would  necessarily  be 
discharged,  and  the  imputation  of  bad  faith  could  alone  attach 
to  the  first  delinquent.  Nor  was  I  dismayed  at  the  very  for 
midable  difficulties  with  which  he  had  thought  proper  to  array 
the  subject  of  impressment ;  and,  although  willing  to  acknow 
ledge  my  inferiority  to  the  American  negotiators  who  had  pre 
ceded  me  in  the  matter,  yet  I  was  not  disposed  on  account  of 
their  failure  to  shrink  from  the  discharge  of  a  duty  imposed  on 
me  by  my  government.  To  me  indeed  the  whole  question  ap 
peared  much  less  alarming  than  his  lordship  had  described  it  to 
be — and  that  if  Mr.  King  had  really  been  mistaken  with  regard 
to  the  near  completion  of  an  adjustment,  his  lordship  must,  on 
an  attention  to  the  ivhole  correspondence  at  the  time,  acquit  him 
from  the  imputation  of  any  excessive  want  of  penetration. 

As  to  the  supposed  ignorance  in  America  of  the  revocation 
pf  the  orders  in  council,  at  the  time  my  instructions  were  dated, 


86]  HISTORICAL  REGISTER.     [12TH  CONG. 

I  observed,  that  if  this  ignorance  did  in  fact  exist,  yet,  from  cer 
tain  expressions  in  those  instructions,  an  expectation  of  such  a 
measure  seems  to  have  been  confidently  entertained,  and  the  or 
ders  in  council  appeared  no  longer  to  form  an  obstacle  to  a  re 
conciliation.  However  this  might  be,  it  ought  not  to  be  suppos 
ed  that  the  American  government  would  be  ready  to  abandon 
one  main  point  for  which  it  contended,  merely  because  it  had 
obtained  another  which  was  generally  considered  to  be  of  minor 
importance,  and  to  submit  to  the  continuance  of  impressment  on 
account  of  the  discontinuance  of  the  orders  in  council.  At  any 
rate,  having  authorised  me  to  propose  terms  of  accommodation 
here,  it  would  probably  wait  for  information  concerning  the  man 
ner  in  which  they  had  been  received,  before  it  would  consent  to 
more  unfavourable  conditions.  In  the  mean  time  the  war  would 
be  prosecuted,  and  might  produce  new  obstacles  to  a  pacific  ar 
rangement.  I  was  happy  to  learn  that  the  failure  of  a  former 
negociation  concerning  impressment  could  not  be  ascribed  to  a 
want  of  sincerity  and  moderation  in  the  American  government, 
and  I  hoped  the  mode  now  suggested  for  securing  to  Great  Bri 
tain  her  own  seamen  might  remove  the  difficulties  which  had 
hitherto  embarrassed  this  question.  If  the  people  of  England 
were  so  jealous  and  sensitive  with  regard  to  the  exercise  of  this 
harsh  practice,  what  ought  to  be  the  feelings  of  the  people  of 
America,  who  were  the  victims  of  it  ?  In  the  United  States  this 
practice  of  impressment  was  considered  as  bearing  a  strong  re 
semblance  to  the  slave  trade  ;  aggravated  indeed,  in  some  of  its 
features,  as  the  negro  was  purchased,  already  bereft  of  his  liber 
ty,  and  his  slavery  and  exile  were  at  least  mitigated  by  his  ex 
emption  from  danger,  by  the  interested  forbearance  of  his  task 
master,  and  the  consciousness  that,  if  he  could  no  longer  asso 
ciate  with  those  who  were  dear  to  him,  he  was  not  compelled  to 
do  them  injury  ;  while  the  American  citizen  is  torn  without 
price,  at  once,  from  all  the  blessings  of  freedom,  and  all  the  char 
ities  of  social  life,  subjected  to  military  law,  exposed  to  incessant 
perils,  and  forced,  at  times,  to  hazard  his  life  in  despoiling  or 
destroying  his  kindred  and  countrymen.  It  was  matter  of  as 
tonishment,  that  while  Great  Britain  discovered  such  zeal  for 
the  abolition  of  the  traffic  in  the  barbarous  and  unbelieving  na 
tives  of  Africa,  as  to  endeavour  to  force  it  on  her  reluctant  al 
lies,  that  she  should  so  obstinately  adhere  to  the  practice  of  im 
pressing  American  citizens,  whose  civilization,  religion,  and 
blood,  so  obviously  demanded  a  more  favourable  distinction. 

I  next  pointed  out  to  his  lordship,  the  difference  between  the 
propositions,  which  I  now  submitted,' and  those  contained  in  my 
note  of  the  24th  of  August.  That  although  the  object  of  both 


2D  SESS.*]  STATE  PAPERS.  [87 

was  essentially  the  same,  there  was  great  diversity  in  the  man 
ner  of  obtaining  it.  The  discontinuance  of  the  practice  of  im 
pressment,  which  was  before  required  to  be  immediate,  and  to 
constitute  a  formal  preliminary  to  an  armistice,  was  now  defer 
red  to  commence  cotemporaneously  with  the  operation  of  the 
law  of  the  United  States,  prohibiting  the  employment  of  British 
seamen,  and  was  consigned,  with  the  other  conditions,  to  a  sepa 
rate  and  informal  arrangement,  In  this  way  it  was  no  doubt  in 
tended,  by  respecting  the  feelings  of  the  British  government,  to 
obviate  any  objection  which  might  have  been  the  mere  suggestion 
of  its  pride. 

I  finally  offered,  in  order  to  answer  at  once  all  the  observa 
tions  and  inquiries  of  lord  Castlereagh,  that  the  proposed  under 
standing  should  be  expressed  in  the  most  general  terms — that 
the  laws,  to  take  effect  on  the  discontinuance  of  the  practice  of 
impressment,  should  prohibit  the  employment  of  the  native  sub 
jects  or  citizens  of  the  one  state,  excepting  such  only  as  had  al 
ready  been  naturalized,  on  board  the  private  or  public  ships  of 
the  other  ;  thus  removing  any  objection  that  might  have  been 
raised  with  regard  to  the  future  effect  of  naturalization,  or  the 
formal  renunciation  of  any  pretended  right.  With  regard  to 
blockades,  I  proposed  to  follow  the  same  course,  and  only  to 
agree  that  none  should  be  instituted  by  either  party,  which  were 
not  conformable  to  the  acknowledged  laws  of  nations,  leaving 
the  definition  of  such  blockade,  and  all  other  details,  to  be  settled 
by  the  commissioners  in  the  definitive  treaty. 

I  was  disappointed  and  grieved  to  find  that  these  propositions, 
moderate  and  liberal  as  they  were,  should  be  treated  in  a  man 
ner  which  forbid  me  to  expect  their  acceptance.  I  was  even 
asked  by  Mr.  Hamilton,  if  the  U.  States  would  deliver  up  the 
native  British  seamen  who  might  be  naturalized  in  America. — 
Although  shocked  at  this  demand,  I  mildly  replied,  that  such  a 
procedure  would  be  disgraceful  to  America  without  being  use 
ful  to  Great  Britain — that  the  habits  of  seamen  were  so  peculiar 
ly  unaccommodating,  that  no  one  would  patiently  go  through  the 
long  probation  required  by  law,  to  become  the  citizen  of  a  coun 
try  where  he  could  not  pursue  his  professional  occupations  ;  and 
that  not  to  employ  him  in  this  way  would  be  virtually  to  surren 
der  him  to  Great  Britain. 

I  was  disposed  to  believe,  however,  that  a  reciprocal  arrange 
ment  might  be  made  for  giving  up  deserters  from  public  ves 
sels. 

Here,  perhaps,  I  Owe  an  apology  to  my  government  for  hav 
ing,  without  its  precise  commands,  hazarded  the  overture  above 
aientioned,  relative  to  British  subjects,  who  may  hereafter  be- 


88]  HISTORICAL  REGISTER.     [I2ra  CONG. 

come  citizens  of  the  United  States.  In  taking  this  step,  how 
ever,  I  'persuaded  myself  that  I  did  not  tresspass  against  the 
spirit  of  the  instructions  which  I  had  received  ;  and  had  the  pro 
position  been  accepted,  I  should  not  have  been  without  all  hope 
that  it  would  have  been  approved  by  the  president,  as  its  pros 
pective  operation  would  have  prevented  injustice,  and  its  reci 
procity  disgrace.  Should  I,  however,  urged  by  too  great  a  zeal 
to  produce  an  accommodation,  have  mistaken  herein,  the  inten 
tions  of  the  president,  I  still  should  have  derived  some  consola 
tion  from  reflecting,  that  this  proposition,  thus  frankly  and  ex 
plicitly  made,  afforded  an  opportunity  of  satisfactorily  testing  the 
disposition  of  this  government,  and  might  be  useful  in  removing 
much  misconception  ana  error.  The  refusal,  indeed,  of  this 
proposition,  sufficiently  explains  the  view  with  which  I  was  as 
sailed  with  the  ostentatious  parade  of  the  abortive  negociations 
relative  to  impressment ;  the  exaggeration  of  its  pretended  dif 
ficulties  ;.  the  artificial  solemnity  given  to  its  character  ;  the  af 
fected  sensibility  to  the  popular  sentiment  concerning  it ;  and  the 
fastidious  exceptions  taken  to  my  powers  ;  and  proves  most  un 
equivocally  the  predetermination  of  the  British  government  to 
reject,  at  this  time,  every  overture  for  the  discontinuance  of  this 
degrading  practice. 

Most  unfeignedly  desiring  to  suspend  the  existing  hostilities 
between  the  two  states  with  a  reasonable  prospect  of  finally  ter 
minating  them  in  a  manner  honourable  to  both,  I  perhaps  press 
ed  with  too  much  earnstness  the  adoption  of  the  arrangement 
which  I  was  instructed  to  propose  j  for  lord  Castlereagh  once 
observed,  somewhat  loftily,  that  if  the  American  government 
was  so  anxious  to  get  rid  of  the  war^  it  would  have  an  opportu 
nity  of  doing  so  on  learning  the  revocation  of  the  orders  in  coun 
cil.  I  felt  constrained  on  this  occasion  to  assure  his  lordship, 
that  the  anxiety  of  the  American  government  to  get  rid  of  the 
•war,  was  only  a  proof  of  the  sincerity  with  which  it  had  con 
stantly  sought  to  avoid  it ;  but  that  no  event  had  occurred,  or 
was  apprehended,  to  increase  this  anxiety.  His  lordship,  cor 
recting  his  manner,  rejoined,  that  it  was  not  his  intention  to  say 
any  thing  offensive,  but  merely  to  suggest,  that  if  the  American 
government  sincerely  wished  for  a  restoration  of  the  friendly  re 
lations  between  the  two  countries,  it  would  consider  the  revoca 
tion  of  the  orders  in  council  as  affording  a  fair  occasion  for  the 
attainment  of  that  object.  After  a  pause  of  a  few  moments,  he 
added,  that  if  the  United  States  did  not  avail  themselves  of  this 
occasion,  not  only  to  put  an  end  to  the  war  which  they  had  de 
clared,  but  to  perform  the  conditions  on  which  those  orders  were 
revoked,  that  the  orders  would,  of  course,  revive.  I  could  not 


2D  SESS.]  STATE  PAPERS.  [89 

forbear  to  remind  his  lordship,  that  when  I  took  this  view  of 
the  subject,  in  my  note  of  the  24th  of  August,  he  had  found  it  to 
be  incorrect;  but  I  hoped  that  now  I  was  so  fortunate  as  to 
agree  with  him  on  this  point,  some  provision  would  be  made,  in 
case  the  terms  proposed  for  an  armistice  should  be  accepted,  to 
prevent  the  revival  of  those  edicts.  His  lordship  attempted  to 
explain,  but  I  could  not  distinctly  seize  his  meaning. 

The  conversation  ended  with  an  assurance  on  the  part  of  his 
lordship,  that  he  would,  with  as  little  delay  as  possible,  commu 
nicate  officially  to  me  the  decision  of  the  prince  regent;  and  I 
took  my  leave,  forbidden  to  hope,  that  while  the  present  coun 
cils  and  the  present  opinion  of  the  American  people  prevail  here, 
this  decision  will  be  favourable. 

I  have  the  honour  to  be,  with  great  consideration  and  res 
pect,  sir,  &c.  &c. 

(Signed)  JONA.  RUSSELL. 

His  Excellency  James  Monroe,  &c. 


Message  from  the  President  of  the  United  States,  transmitting 
copies  of  a  letter  from  the  Consul  General  of  the  United  States 
to  Algiers,  stating  the  circumstances  preceding  and  attending 
his  departure  from  that  regency. 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 

I  transmit  to  congress  copies  of  a  letter  from  the  consul  ge 
neral  of  the  United  States  to  Algiers,  stating  the  circumstances 
preceding  and  attending  his  departure  from  that  regency. 

November  17th,  1812.  JAMES  MADISON. 

Extract  of  a  letter  from  Mr.  Lear,  consul  general  at  Algiers,  to 

the  Secretary  of  State. 

On  board  the  American  ship  Allegany,  at  sea,  July  29th,  1812. 
On  the  17th  inst.  I  had  the  honour  to  receive  your  respected 
favours  of  the  6th  February  and  29th  of  April,  1812,  by  capt. 
Ebenezer  Eveleth,  of  the  ship  Allegany,  which  arrived  at 
Algiers  on  that  day,  with  the  four  new  Mediterranean  pass 
ports,  200  tops,  and  the  several  packages  containing  messages, 
reports,  newspapers,  &c.  together  with  the  letter  of  Richard 
Forrest,  esq.  covering  the  invoice  and  bill  of  lading  of  the  ship 
Allegany,  sent  from  the  United  States  with  a  cargo  of  naval  and 
military  stores  for  the  regency  of  Algiers,  in  fulfilment  of  treaty 
stipulations. 

vol..  j.  M  M 


90]  HISTORICAL  REGISTER.     [12TH  CONG. 

I  must  delay  replying  to  the  particular  points  in  your  letter  of 
the  29th  April,  until  1  shall  have  given  an  account  of  the  most 
unexpected  and  extraordinary  event  which  I  believe  has  ever 
taken  place,  even  in  the  extraordinary  events  of  Algiers,  in  or 
der  that  I  may  have  it  ready  to  transmit,  in  case  I  should  meet 
any  vessel  bound  to  the  United  States. 

On  the  arrival  of  the  Allegany,  the  dey  and  the  officers  of  the 
regency  expressed  the  most  entire  and  complete  satisfaction ; 
and  until  the  2Oth  inst.  when  they  began  to  discharge  the  cargo, 
there  was  no  appearance  of  any  other  sentiment.  On  that  day 
a  large  quantity  of  spars  and  plank  were  taken  on  board  a 
lighter,  by  the  people  of  the  marine,  to  be  carried  on  shore,  by 
order  of  the  minister  of  marine,  but  they  were  not  landed.  At 
noon  the  minister  sent  to  request  a  note  of  the  articles,  and  their 
quantity,  which  were  on  board  the  ship  for  the  regency,  that  he 
might  lay  it  before  the  dey  in  the  evening,  agreeably  to  his 
orders.  I  accordingly  sent  the  note,  taken  from  the  invoice, 
but  without  affixing  the  prices.  At  6  P.  M.  I  received  a 
message  by  my  drogerman,  from  the  minister  of  marine,  in 
forming  me  that  when  he  laid  my  note  of  the  articles  before  the 
dey,  he  became  very  outrageous  on  finding  there  was  only  5O 
small  barrels  of  gunpowder  and  four  cables  on  board;  when 
the  note  sent  to  the  United  States  in  1810,  as  furnished  by  the 
minister  of  marine,  demanded  50O  quintals  of  gunpowder,  and 
twenty- seven  large  cables,  besides  a  very  large  quantity  of 
cordage  and  other  articles,  as  may  be  seen  by  said  note  forward 
ed  in  my  letter  of  August,  1810,  to  the  honourable  the  secretary 
of  state ;  and  told  the  minister  that  he  would  not  receive  the 
cargo,  but  would  send  the  ship  away  from  Algiers,  and  that  I 
must  depart  in  her,  as  he  would  not  have  a  consul  in  his  regen 
cy,  who  did  not  cause  every  thing  to  be  brought  exactly  as  he 
(the  dey)  ordered. 

Early  on  the  morning  of  the  21st,  I  waited  on  the  minister  of 
the  marine  to  inquire  into  this  procedure,  when  he  confirmed 
all  that  had  been  told  me  by  the  drogerman,  and  added  many 
other  expressions  of  anger  and  disgust  of  the  dey. 

I  reasoned  with  him  on  the  subject,  stating  that  it  had  never 
been  usual  to  send  the  whole  of  such  large  orders  at  one  time  ; 
that  we  had  been  very  punctual  in  our  payments,  and  that  the 
cargo  of  this  vessel  would  probably  pay  all  that  we  owed  ;  that 
cargoes  had  always  come  in  this  manner,  assorted,  with  a  part 
of  each  article,  and  that  I  had  never  before  found  any  difficulty ; 
that  powder  and  cables  were  articles  of  which  we  did  not  make 
enough  for  our  own  use  in  the  United  States,  and  that  it  was 
almost  impracticable,  at  this  time,  to  bring  them  from  other 


2D  SESS.]  STATE  PAPERS.  [91 

countries,  as  was  well  known  to  himself  and  all  the  world ;  that 
in  the  present  distracted  state  of  nations,  it  was  possible  that 
the  United  States  might  be  forced  into  a  war,  and  that  it  behov 
ed  our  government  not  to  be  destitute  of  so  essential  an  article 
of  defence  as  gunpowder  j  but  that  on  a  future  occasion  we 
might  be  able  to  send  more  ;  with  many  other  remarks,  which 
he  allowed  to  be  reasonable,  but  said  that  the  dey  was  determin 
ed  ;  and  that  when  he  had  once  fixed  a  resolution  he  never  de 
parted  from  it.  And  added,  that  the  dey  insisted  upon  having 
every  thing  brought  which  he  ordered,  without  regarding 
whether  it  amounted  to  more  than  the  sum  stipulated  in  the  treaty 
or  not ;  and  that  I  must  depart  on  Thursday  the  23d  instant,  on 
board  the  Allegany,  with  all  the  Americans  now  in  Algiers. 

I  wished  to  see  the  dey,  and  for  that  purpose  desired  an  au 
dience,  which  was  denied  me. 

I  then  requested  that  a  few  more  days  might  be  allowed  for 
my  remaining,  that  I  might  prepare  myself,  as  it  was  impossible 
to  make  any  arrangement  of  my  affairs  in  so  short  a  time, 
hoping,  in  the  mean  time,  to  make  some  accommodation  of  this 
business.  The  answer  was,  that  the  dey  would  not  allow  an 
hour  more. 

I  wrote  a  circular  to  the  Christian  consuls  in  Algiers,  inform 
ing  them  of  my  ordered  departure. 

The  spars  and  plank  which  were  taken  out  of  the  vessel 
yesterday,  were  returned  on  board  this  morning.  In  the  morn 
ing  of  the  22d  I  sent  my  drogerman  to  the  palace  to  say  that  I 
wished  to  make  a  settlement  of  the  cargo  of  the  brig  Paul 
Hamilton,  which  had  been  delayed,  by  a  request  from  the  palace, 
until  the  Allegany  should  arrive,  when  a  settlement  could  be 
made  for  both  vessels  at  the  same  time. 

The  request  was  granted,  and  the  drogerman  informed  me 
that  the  dey  wished  me  to  bring  our  treaty  with  me,  that  we 
might  see  the  time  when  it  commenced,  the  terms,  &c.  in  order 
to  make  a  final  settlement  of  our  accounts.  This  I  did,  and 
while  I  was  settling  the  account  of  the  Paul  Hamilton's  cargo 
with  the  prime  minister  and  secretaries,  in  the  usual  manner, 
the  dey's  drogerman  came  down,  and  said,  the  dey  wished  to 
see  the  treaty  which  I  had  brought.  I  gave  it  to  him  without 
hesitation,  supposing  that  the  dey  might  wish  to  see  something 
in  it,  or  that  he  naight  compare  it  with  that  which  was  in  the 
palace.  But  when  I  demanded  the  treaty  again,  the  dey  refus 
ed  to  deliver  it,  saying,  by  his  drogerman,  that  when  a  consul 
was  sent  away,  he,  the  dey,  should  always  keep  his  treaty,  and 
£hat  such  had  ever  been  the  custom  at  Algiers. 


! 


92]  HISTORICAL  REGISTER.      [12TH  CONG- 

After  settling  the  account  of  the  cargo  of  the  Paul  Hamilton , 
which  amounted  to  12,109  dollars,  and  producing  a  tiscary  or 
acknowledgment  of  a  balance  due  to  the  United  States,  which 
had  been  given  in  February,  1810,  at  the  settlement  of  the 
cargoes  of  the  ship  Resource  and  brig  Blanchy,  for  26,065 
dollars  ;  the  minister  and  secretaries  said  there  was  still  27,000 
dollars  due  to  the  present  time.  This  I  denied,  as  I  had  the 
recepts  of  the  regency  for  the  payment  of  annuities  for  fourteen 
and  a  half  years,  exclusive  of  the  amount  of  the  cargo  of  the 
Paul  Hamilton  and  the  tiscary  for  26,065  dollars  ;  and  as  our 
treaty  was  concluded  on  the  5th  of  September,  1795,  it  would 
be  only  17  years  in  the  whole,  from  which  the  fourteen  and  a 
half  years  were  to  be  deducted,  leaving  two  and  a  half  years 
ending  the  5th  of  September  next,  amounting  to  54,000  dollars, 
from  which  deducting  the  cargo  of  the  Paul  Hamilton,  and  the 
tiscary  before  mentioned,  would  leave  but  15,826  dollars,  and 
which  I  had  no  doubt  but  the  cargo  of  the  ship  Allegany  would 
fully  pay,  if  it  should  be  received. 

The  minister  then  observed,  that  they  counted  the  year  by 
the  Mahometan  calender,  consisting  of  354  days,  so  that  the  dif 
ference  in  17  years  would  make  it  one  half  year  more  than  we 
counted.  I  told  him  that  I  had  always  reckoned  the  years  in 
the  Christian  manner  of  365  days  ;  and  that  I  presumed  the 
same  was  done  by  all  other  consuls  having  accounts  of  a 
similar  nature  with  the  regency.  He  said  it  was  never  so  done, 
or  allowed  by  the  regency,  and  immediately  sent  up  a  note  to 
the  dey,  of  the  sum  due  by  his  account,  viz.  27,000  dollars. 

After  a  short  time  the  dey  sent  down  word  by  his  droger- 
man,  that  the  balance  must  be  paid  immediately  in  cash,  and 
that  the  vessel,  with  myself,  &c.  must  depart  to-morrow  as  he 
had  ordered.  I  answered  that  it  was  impossible  for  me  to  com 
ply  with  the  dey's  order,  even  if  I  acknowledged  the  balance  to 
be  just,  and  had  every  disposition  to  pay  it,  as  I  had  not  the 
means  of  obtaining  the  money,  especially  as  the  cargo  of  the 
ship  now  in  port  was  sent  by  my  government  for  the  express 
purpose  of  paying  what  might  be  due  to  the  regency,  and  was 
the  strongest  possible  evidence  of  pur  punctuality  in  fulfilling 
our  engagements. 

The  prime  minister  then  went  up  to  the  dey,  with  the  droger- 
rnan,  and  soon  returned,  saying  that  the  dey  persisted  in  his  first 
order,  that  the  money  should  be  paid  immediately ;  or  that  I 
should  be  sent  to  the  marine  in  chains,  the  vessel  and  cargo  con 
fiscated,  and  all  the  citizens  of  the  United  States  now  in  Algiers 
be  detained  in  slavery,  and  war  instantly  declared  against  the 
United  States 8 


2D  SESS.]  STATE  PAPERS,  [93 

I  told  the  minister  that  the  matter  was  now  brought  to  a 
decision,  and  that  I  must  go  the  marine  in  chains,  for  it  was 
not  possible  for  me  to  obtain  the  money  ;  and  had  no  more  to 
say  on  the  subject,  but  would  warn  them  of  the  evil  which  they 
were  bringing  on  themselves,  by  such  unjust  and  outrageous 
conduct. 

The  minister  went  to  the  dey  a  second  time,  when  I  demand 
ed  to  accompany  him ;  but  was  refused,  and  soon  returned  with 
what  he  said  was  the  fixed  and  unalterable  resolution  of  the  dey, 
viz.  that  he  would  allow  me  till  Saturday  morning,  the  25th 
instant,  to  pay  the  money  and  depart  with  the  vessel  and  all 
other  Americans  in  Algiers  ;  but  if  this  was  not  done,  he  should 
confiscate  the  vessel,  detain  in  slavery  all  the  Americans  in 
Algiers,  and  declare  war  against  the  United  States,  as  he  had 
before  determined.  The  minister  also  added,  that  the  dey  had 
been  informed  that  the  ship  had  brought  a  large  quantity  of 
coffee  for  sale,  and  some  other  articles  not  intended  for  him 
(meaning,  I  suppose,  the  gun  barrels,  &c.  for  the  emperor  of 
Morocco  ;  but  whence  he  could  have  got  the  information  of  the 
latter  I  know  not,  for  I  had  never  mentioned  a  syllable  of  it  to 
any  one  in  Algiers.  I  have  since  learned  that  it  was  discovered 
by  some  means  or  other,  when  the  plank  and  spars  were  taken 
out  of  the  vessel  on  Monday)  ;  and  that  he  was,  if  possible, 
more  highly  incensed  at  this,  than  on  any  other  account ;  saying 
that  he  considered  it  an  insult  offered,  by  having  merchandize 
embarked  on  board  a  vessel  which  was  said  to  have  been  sent 
for  the  sole  purpose  of  bringing  the  annuity. 

As  I  was  determined  that  nothing  should  be  wanting  on  my 
part  to  settle  this  unpleasant,  and  to  me  unaccountable  business, 
I  proposed  to  the  prime  minister,  that  the  articles  now  sent  by 
the  Allegany  should  be  received  and  passed  to  our  credit,  in 
the  usual  manner  of  settling  the  account  of  cargoes,  where  they 
had  the  power  of  fixing  their  own  prices,  and  that  whatever 
balance  might  appear  due,  after  such  settlement,  should  be  paid 
in  cash  if  the  dey  desired  it ;  and  that  he  might  send  a  note  of 
such  articles  as  he  expected  for  the  next  annuity,  which  I  would 
forward  to  my  government,  with  such  observations  on  the  pro 
priety  or  necessity  of  sending  the  whole  of  them,  as  the  dey 
should  express.  By  this  means,  if  the  proposition  should  be 
accepted,  time  would  be  given  to  make  preparations  for  future 
events,  or,  at  any  rate,  our  commerce  in  this  sea  might  have  been 
secured  by  giving  timely  notice,  and  putting  our  vessels  on  their 
guard.  But  the  dey  refused  to  listen  to  it,  and  repeated  his 
first  orders o 


94]  HISTORICAL  REGISTER.    [12TH  CONG. 

On  leaving  the  palace  I  reflected  upon  the  very  critical  and 
alarming  situation  of  our  affairs  with  the  regency,  which  was  not 
only  brought  on  in  the  most  unexpected  manner,  but  without 
any  reasonable  or  justifiable  cause  of  complaint  on  the  part  of 
the  dey.  It  appeared  to  me  that  he  was  determined  to  take  a 
measure  which  I  had  for  some  time  past  apprehended,  and 
which  I  had  more  than  once  the  honour  of  intimating  to  the  ho 
nourable  the  secretary  of  state,  particularly  in  my  letter  of  the 
29th  May  last,  viz.  That,  after  having  concluded  a  truce  with 
Portugal,  and  seeing  Sicily  under  the  protection  of  the  British, 
he  must  make  war  upon  some  other  nation,  with  or  without  a 
cause,  in  order  to  employ  his  cruisers  ;  and  that  the  extended 
and  unprotected  commerce  of  the  United  States  offered  greater 
prospects  of  advantage  from  plunder  and  capture  than  he  could 
expect  from  any  other  nation.  The  ultimate  consequence  of 
such  conduct  he  would  never  calculate  ;  neither  would  he  be  re 
strained  by  any  sense  of  shame,  or  of  the  flagrant  injustice  of  the 
act. 

In  this  state  of  embarrassment,  and  with  these  reflections,  I 
was  still  determined  to  try  all  possible  means  to  accommodate  the 
present  difficulties,  before  the  ultimate  period  fixed  by  the  dey 
should  arrive  j  but  if  that  could  not  be  effected,  I  should  pre^ 
pare,  if  possible,  to  pay  the  balance  demanded  in  money,  to 
prevent  the  loss  of  the  ship  and  cargo,  the  detention  of  all 
Americans  in  Algiers,  and  the  immediate  capture  of  others. 

In  order  to  raise  the  money  I  proposed  to  sell  the  cargo  of  the 
ship,  as  the  dey  would  not  receive  it,  and  pay  him  the  proceeds 
in  cash  towards  the  balance,  but  he  absolutely  forbid  the  sale  of 
any  article  on  board  her.  Thus  situated  I  had  no  other  means 
left  but  to  endeavour  to  obtain  the  money  on  my  bills,  and 
while  I  was  using  every  means  in  my  power,  and  through  every 
channel  that  could  be  devised,  to  have  matters  accommodated 
before  they  came  to  the  last  extremity,  I  was  not  inattentive  to 
the  necessity  I  might  be  under  of  procuring  the  money  in  the 
last  moment. 

As  the  discussions  on  our  business  had  taken  place  either  at 
the  marine  or  in  the  palace,  in  presence  of  all  those  usually  at 
tending  there,  it  was  no  secret ;  and  I  had  the  satisfaction  of 
hearing  a  general  sentiment  of  disapprobation  expressed  on  ac 
count  of  the  dey's  conduct  more  strongly  than  I  could  have  sup 
posed  it  would  have  been  done,  when  it  was  known  in  what  awe 
and  dread  every  one  held  the  present  dey,  whose  severity  is 
almost  without  example. 

The  only  quarter  from  which  money  could  be  obtained  at 
any  rate,  was  the  house  of  Bacri,  and  upon  application  to  him  to 


SD  SESS.J  STATE  PAPERS.  [95 

know  if  I  could  depend  upon  him  in  the  last  extremity,  he 
raised  many  difficulties  on  account  of  the  limited  time,  of  the 
many  very  heavy  payments  which  they  had  been  obliged  to 
make  lately  for  the  cargoes  of  the  Greek  prizes  purchased  by 
them,  which  had  entirely  absorbed  their  cash,  &c.  He  also 
made  some  objection  to  the  security  of  such  bills,  on  account  of 
my  being  obliged  to  leave  the  regency  :  to  that  I  answered,  that 
I  should  not  desire  any  one  to  become  my  security,  as  the  same 
objection  would  naturally  occur  to  them,  and  that  if  I  should 
give  bills,  I  must  candidly  say  that  if  the  vessel  should  not  after 
wards  be  permitted  to  depart  with  her  cargo  (as  I  had  some  ap 
prehensions,  from  the  shameful  conduct  of  the  dey,  might  be  the 
case,  in  violation  of  his  word)  the  bills  would  not  be  paid,  as 
the  proceeds  of  the  cargo,  at  the  place  to  which  she  might  go, 
must  be  depended  upon  towards  discharging  such  bills.  He 
said  he  would  consider  the  subject,  and  give  me  an  answer  on 
Friday  as  to  the  practicability  of  getting  the  money,  if  it  must 
be  had,  and  the  terms  which  would  be  expected  for  it. 

On  Friday  I  made  the  last  effort  to  effect  an  accommodation, 
and  flattered  myself  with  some  little  prospect  of  success,  as  the 
minister  of  the  marine  and  some  others  of  the  principal  officers 
of  the  regency,  had  expressed  their  regret  at  what  had  happen 
ed,  and  had  promised  to  do  every  thing  in  their  power  to  induce 
the  dey  to  alter  his  determination,  if  the  dey  should  introduce 
the  subject  before  them,  on  this  day,  when  they  all  met  him  at 
the  palace  to  go  with  him  to  the  mosque,  it  being  the  mahome- 
dan  sabbath  ;  but  they  candidly  acknowledged  that  if  he  did 
not  bring  the  matter  forward,  no  one  would  dare  to  introduce 
it,  as  they  knew  the  obstinacy  of  his  temper,  and  dreaded  the 
effects  of  his  resentment. 

I  had  communicated  to  the  minister  of  the  marine  the  pro 
position  which  I  made  in  the  palace  on  Wednesday,  for  the  dey 
to  take  this  cargo  on  account,  and  to  pay  the  balance,  if  any,  in 
cash,  &c.  which  he  did  not  hesitate  to  declare  he  thought  highly 
reasonable,  and  such  as  should  be  satisfactory  ;  but  at  the  same 
time  remarked  on  the  inflexible  obstinacy  of  the  dey,  when  he 
had  once  taken  his  resolution. 

At  one  o'clock  my  drogerman  brought  me  a  message  from 
the  dey,  which  he  said  was  his  last,  and  irrevocably  fixed,  viz. 
that  I  should  to-morrow  morning  pay  into  the  treasury  27,000 
Spanish  dollars,  which  he  claimed  as  the  balance  of  annuities 
from  the  United  States,  and  then  depart  from  the  regency  with 
my  family,  and  all  other  citizens  of  the  United  States  in 
Algiers,  in  the  ship  which  had  brought  the  stores,  in  fulfilment 
of  treaty  stipulations,  and  which  he  had  refused  to  receive  ;  or 


%J  HISTORICAL  REGISTER.      [12TH  CONG, 

that  the  ship  and  cargo,  with  all  other  Americans  now  in 
Algiers,  should  be  detained,  the  former  confiscated,  the  latter 
kept  in  slavery,  and  that  war  should  be  instantly  declared 
against  the  United  States. 

This  message  determined  the  business,  and  closed  every 
door  of  hope  tor  an  accommodation.  It  was  confirmed  by  the 
minister  of  marine,  who  said  that  the  subject  having  been  intro 
duced  by  the  dey  in  their  presence,  he  and  ths  other  ministers 
had  urged  every  thing  they  dared,  to  induce  the  dey  to  alter  lik. 
determination,  and  to  accept  my  proposition,  but  iu  vain.  He 
was  inflexible,  and  the  alternative  must  be  taken  immediately. 

I  had  now  my  ultimate  choice  to  make,  between  the  payment 
of  the  money,  if  it  could  be  obtained,  and  the  certain  loss  of  the 
vessel  and  cargo,  worth  much  more  than  the  sum  claimed  by 
the  dey,  and  the  immediate  slavery  of  more  than  twenty 
American  citizens  (including  myself  and  family)  now  in 
Algiers,  with  the  highest  probability  of  many  American  vessels 
and  their  crews  being  captured  before  it  would  be  possible  to 
give  notice  of  what  had  happened,  to  enable  them  to  consult 
their  safety  by  remaining  in  port,  as  the  port  of  Algiers  had 
been  shut  since  the  sailing  of  their  cruizers  on  the  1 3th  instant, 
and  of  course  no  opportunity  had  offered  to  communicate  an 
account  of  these  transactions  to  any  of  our  consuls  in  the  Medi 
terranean. 

I  therefore  made  my  election  to  pay  the  money,  if  it  could  be 
obtained,  especially  as  the  departure  of  the  Allegany  would 
afford  an  opportunity  of  giving  the  most  speedy  information  to 
every  part  of  this  sea,  and  guard  American  vessels  against 
falling  into  the  hands  of  the  Algerine  cruizers  now  out  ;  as  I 
can  now  have  but  little  doubt  of  the  dey's  having  given  orders 
to  his  cruizers,  on  their  sailing,  to  detain  and  send  in  such 
American  vessels  as  they  may  find.  For  it  must  clearly  be  seen 
that  he  has  no  reasonable  or  justifiable  ground  for  his  present 
demand  and  conduct ;  and  I  am  in  a  great  measure  confirmed  in 
my  apprehensions  entertained  and  expressed  in  my  last  letters 
to  the  honourable  the  secretary  of  state,  that  after  the  truce  with 
Portugal  and  the  protection  of  the  Sicilians  by  the  English,  he 
would  make  war  upon  some  nation  to  employ  his  cruizers ;  and 
that  none  offered  a  better  prospect  than  the  vessels  of  the  United 
States. 

The  present  posture  of  affairs  between  the  United  States  and 
Great  Britain,  just  on  the  point  of  open  hostilities,  would  afford 
another  guard  and  security  against  our  sending  a  force  into  this 
sea  to  protect  our  commerce  now  here,  or  revenge  the  insult 
and  injury  inflicted  upon  us  ;  especially,  too,  as  under  present 


3D  SESS.]  STATE  PAPERS.  [97. 

circumstances  he  must  suppose  that  it  would  be  gratifying  to 
the  British,  with  whom  there  is  every  reason  to  believe,  he  has 
a  treaty  offensive  and  defensive. 

I  sent  for  Mr.  Bacri,  and  informed  him  of  my  determination 
to  pay  the  money  and  depart  from  Algiers,  and  should  depend 
upon  him  for  it.  But  that  if,  after  paying  the  money,  the  vessel 
and  Americans  should  not  be  allowed  to  depart  from  Algiers 
(which  I  had  reason  to  apprehend  from  the  dey's  outrageous 
and  extraordinary  conduct  might  happen,  notwithstanding  his 
declaration)  the  bills  which  I  might  draw  would  not  be  paid  at 
Gibraltar;  for  that  I  must  depend  upon  the  sale  of  the  cargo 
of  this  vessel  to  meet  the  bills  as  far  as  it  would  go ;  and  that  I 
gave  him  this  information,  that  he  might  know  the  ground  on 
which  he  stood.  He  replied  that  he  should  have  full  faith  in 
the  bills  on  that  condition,  and  then  observed  that  the  sacrifices 
which  must  be  made  to  obtain  the  money  at  the  moment,  could 
not  be  less  than  25  per  cent.  After  some  further  discussion  of 
the  subject,  and  knowing  the  impossibility  of  obtaining  the 
money  from  any  other  quarter  (about  which  I  had  made  en- 
quiry  for  two  days  past),  I  agreed  to  give  him  the  advance, 
which  brought  the  amount  to  33,75O  dollars :  and  in  the  even 
ing  gave  him  a  bill,  at  30  days  sight,  on  John  Gavino,  esq. 
consul  of  the  United  States  at  Gibraltar,  in  favour  of  Moise 
Levy  Valensen,  of  Gibraltar,  value  received  of  Jacob  Cain 
Bacri,  of  Algiers,  on  account  of  the  United  States  of  America, 
to  pay  a  balance  claimed  by  the  dey  of  Algiers,  for  annuities 
from  the  United  States,  the  dev  having  refused  to  receive  the 
naval  and  military  stores  sent  from  the  United  States  agreeably 
to  treaty  stipulation,  to  pay  such  balance  as  might  be  due.  I 
also  stipulated  with  Mr.  Bacri,  that  he  should  cause  the  money 
to  be  paid  into  the  treasury  to-morrow  morning,  so  as  not  to 
give  any  ground  for  detaining  the  vessel,  or  raising  any  new 
difficulties  on  that  account,  which  he  promised  to  do.  • 

I  gave  to  John  Norderling,  esq.  his  Swedish  majesty's  agent 
general  at  Algiers,  a  letter  accepting  his  friendly  offer  to  take 
care  of  my  property  left  in  Algiers,  and  also  requesting  his 
kindness  to  be  extended  to  any  American  citizens  who  might 
arrive  in  Algiers  after  my  departure,  or  be  unhappily  brought 
in  by  the  cruizers  of  the  regency. 

The  following  is  an  extract  from  my  letter  to  Mr.  Norder 
ling: 

"  As  my  departure  from  Algiers  is  compulsive,  I  leave  no 
person  directly  charged  with  the  affairs  of  the  United  States  of 
America  in  this  regency.  But  should  any  of  our  citizens  ar 
rive  here,  or  be  unhappily  brought  in,  your  kindness  to  them 

VOL.   I.  N    N 


.  98]  HISTORICAL  REGISTER.       [12TH  CONG. 

\vill  be  gratefully  acknowledged,  and  the  necessary  and  reason 
able  expenses  for  the  support  of  such  as  are  destitute,  will  be 
paid  by  the  government  of  the  United  States," 

Through  the  day  of  Friday,  and  in  the  evening,  my  acquain 
tance  of  all  descriptions  called  upon  me,  and  the  unfeigned  sor 
row  expressed  by  all  of  them,  of  every  denomination,  suffi 
ciently  evinced  the  regard  they  had  for  us.  And  the  undis 
guised  disapprobation  and  disgust  expressed  by  all  classes  at 
the  dey's  conduct,  must,  I  think,  end  in  some  disastrous  event 
for  him. 

Very  early  on  Saturday  morning  the  drogerman  came  to  my 
house  and  informed  me  that  Jacob  Bacri  had  paid  the  money 
to  the  regency  ;  and  soon  after  the  minister  of  the  marine  sent 
for  me  to  go  to  the  marine,  where  he  informed  me  it  was  the 
dey's  order  that  myself  and  all  the  other  Americans  should  em 
bark  immediately,  and  depart  from  Algiers.  He  expressed  his 
regret  at  what  had  happened,  and  declared  that  it  was  against 
his  strong  advice  and  wishes,  hoped  that  every  thing  might  yet 
be  accommodated,  after  the  dey's  phantasy  should  have  passed, 
&c.  I  intimated  to  him  my  suspicions  and  apprehensions  that 
orders  had  been  given  to  the  cruizers  which  sailed  on  the  13th 
instant,  to  capture  American  vessels.  He  assured  me  that  if 
such  orders  had  been  given  by  the  dey  to  the  commander  of 
the  squadron,  he  was  ignorant  of  it,  and  that  he  hoped  it  was 
not  the  case.  How  far  his  reply  is  to  be  relied  on  I  am  not  able 
to  say. 

Trequested  the  minister  to  give  me  a  certificate  of  the  ship 
Allegany  having  been  sent  away  by  order  of  the  dey,  that  in 
case  she  showld  be  met  by  any  of  the  cruizers  now  out,  they 
might  not  molest  or  stop  her.  This  he  declined,  saying  that 
their  cruizers  were  all  at  the  east  of  Algiers,  and  that  if  any 
one  should  molest  or  detain  the  vessel,  the  dey  would  punish 
the  commander  most  severely,  &c.  This  did  not  satisfy  me, 
but  I  could  not  prevail  upon  him  to  give  the  passport. 

When  I  parted  from  the  minister  I  was  about  to  return  to 
my  own  house,  to  accompany  my  wife  on  board  the  vessel- 
but  he  said  1  must  not  return  there  again,  but  must  go  onboard, 
as  the  vessel  was  getting  under  way,  and  that  the  drogerman 
would  go  up  to  conduct  my  family  down  and  on  board,  which 
was  accordingly  done,  and  the  vessel  got  out  of  the  port  about 
seven  o'clock,  A.  M. 

The  persons  embarked  on  board  the  Allegany,  besides  the 
captain  and  crew  (consisting  of  17  persons),  are  myself,  my 
wife,  and  my  son  (who  arrived  from  the  United  States,  via 
Gibraltar,  on  the  15th  instant),  Mr.  Jonathan  S,  Smith,  of 


3D  SESS.]  STATE  PAPERS.  [99 

Philadelphia,  who  has  been  in  Algiers  these  two  years  past, 
with  some  coffee  for  sale,  which  he  has  thought  proper  to  aban 
don,  and  says  he  shall  seek  for  indemnification  from  the  United 
States.  I  advised  him  to  sell  it,  as  it  was  not  possible  for  the 
ship  to  take  it  on  board,  as  she  was  entirely  filled  with  the 
cargo  which  she  brought  out,  but  he  did  not  think  proper  to 
comply  with  my  advice  ;  Mr.  John  Vallet,  a  naturalized  citizen 
of  the  United  States,  whom  I  have  mentioned  in  m.y  letter  of 
the  29th  of  May,  a  copy  of  which  I  have  now  the  honour  to 
inclose,  as  well  as  of  that  of  the  30th  of  April ;  and  a  Mr.  Pin 
to,  also  a  naturalized  citizen  of  the  United  States,  certificate 
from  South  Carolina. 

On  the  evening  of  our  leaving  Algiers  we  spoke  a  British 
letter  of  marque,  bound  to  Malta,  and  as  the  weather  did  not 
admit  of  sending  a  letter  on  board,  I  desired  the  captain  to  in 
form  the  American  consul  at  that  place  that  I  had  been  ordered 
from  Algiers  ;  and,  as  there  was  no  doubt  but  the  Algerine 
cruizers  would  capture  any  American  vessels  they  might  meet, 
desired  that  he  would  give  notice  thereof  to  all  American 
vessels  in  Malta,  and  extend  the  information  in  every  direc 
tion  possible. 

Yesterday  we  were  boarded  by  his  Britannic  majesty's  brig 
Goshawk,  which  was  going  with^a  convoy  to  Alicant  and 
Majorca,  to  the  commander  of  which  brig  I  gave  letters  to  our 
consuls  in  those  places,  a  copy  of  which  1  have  the  honour  to 
inclose,  and  requested  the  said  commander  to  give  the  notice  of 
my  being  ordered  from  Algiers,  &c.  to  any  American  vessels 
he  might  meet  at  sea,  and  make  the  same  known  wherever  he 
might  go.  I  shall  forward  my  circular  to  any  places  to  which 
we  may  meet  vessels  going,  until  I  reach  Gibraltar,  whence  I 
shall  disperse  my  circulars  by  every  opportunity  which  may 
offer,  to  all  ports  of  this  sea,  as  well  as  to  the  ports  in  the 
Atlantic. 

The  officers  of  the  Goshawk  who  boarded  us,  gave  informa 
tion  that  the  British  orders  in  council,  laying  restraints  on 
neutral  commerce,  had  been  revoked,  and  that  the  British 
cruizers  had  orders  not  to  molest  American  vessels,  as  an  evi 
dence  of  which  he  did  not  even  ask  for  a  sight  of  the  Allegany's 
papers. 

I  took  passports  for  the  ship  from  the  French  and  Spanish 
consuls  before  I  left  Algiers.  The  English  consul  did  not 
furnish  any,  although  I  applied  to  him  for  that  purpose.  I  did 
not  ask  them  from  the  Swede  or  the  Dane,  as  they  have  no  ves 
sels  in  this  sea. 


100]  HISTORICAL  REGISTER.         [12TH  CONG.. 

I  have  now,  sir,  given  you  a  faithful  and  a  detailed  account  of 
this  extraordinary  and  unexpected  transaction.  While  I  feel 
conscious  that  no  exertion  was  wanting  on  my  part,  and  no 
means  in  my  power  left  unattempted  to  make  an  accommoda 
tion,  when  the  difficulties  were  first  brought  forward,  and  dur 
ing  the  whole  course  of  this  unexampled  proceeding ;  and  that 
rny  ultimate  decision  was  made  on  the  ground  of  necessity,  to 
prevent  a  greater  evil  to  my  country;  I  trust  that  the  president 
and  our  government  will  approve  my  conduct.  The  latv 
passed  on  the  1st  of  May,  181O,  restricting  the  consuls  in  Bar- 
bary  to  the  sum  of  three  thousand  dollars  annually,  to  be  em 
ployed  in  presents,  &c.  without  the  special  permission  of  the 
president  first  obtained,  prevented  my  making  those  attempts 
in  a  pecuniary  way,  for  opening  a  door  to  accommodation,  which 
I  should  otherwise  have  done;  but  upon  a  review  of  the  whole 
of  the  circumstances  attending  this  business,  I  have  now  my 
doubts  whether  any  sum  which  the  United  States  might  have 
thought  proper  to  bestow,  would  have  answered  the  purpose.  I 
thought  it  my  duty,  however,  to  make  some  attempts  in  that 
way,  upon  the  scale  to  which  I  was  limited;  but  it  had  not  the 
desired  effect. 

The  character  of  the  present  cley,  Hadge  Alii,  bashaw,  is 
that  of  a  severe,  obstinate,  and  cruel  man.  He  is  said  to  be  in 
flexible  in  his  resolutions,  and  will  bear  no  contradiction  or 
reasoning.  He  has  kept  the  soldiers  in  more  subjection  during 
Jiis  reign  than  they  have  been  accustomed  to  for  many  reigns 
before,  and  no  one  dares  approach  him,  but  those  whose  duty 
calls  them  into  his  presence,  or  who  are  sent  for  by  him.  He 
has  not  granted  an  audience  to  any  consul  for  nearly  a  year  past, 
except  to  a  new  English  consul  who  arrived  in  April  last;  and 
would  not  see  the  old  consul  before  his  departure.  The  tales 
told  of  his  personal  conduct  in  the  palace,  bespeak  him  a  man 
deprived,  at  times,  of  his  reason.  His  conduct  with  respect  to 
our  affairs  is  almost  an  evidence  of  his  insanity  ;  and  I  am  very 
much  mistaken  if  it  does  not  hasten  his  exit  from  this  world, 
but  while  he  reigns  he  is  most  absolute.  And  I  have  very  little 
hopes  of  his  refraining  from  making  war  upon  the  United 
States.  There  is  every  reason  to  apprehend,  from  what  has 
taken  place,  as  before  detailed,  that  the  cruizers  had  orders  to 
capture  American  vessels,  before  their  departure  from  Algiers 
on  the  13th  instant.  In  which  case  some  vessels  will  un 
doubtedly  fall  into  their  hands  before  the  notice  I  have  given,  or 
may  give,  can  reach  the  ports  where  they  may  be,  and  prevent 
their  sailing.  It  therefore  behoves  the  government  to  prepare 
for  such  an  event,  and  to  determine  in  what  manner  they  will 


^r>  SESS.J  STATE  PAPERS.  [10Z 

meet  it.  Should  our  differences  with  Great  Britain  be  so  ac 
commodated  as  to  admit  of  sending  a  naval  force  into  the  sea,  I 
am  sure  there  is  only  one  course  which  the  government  will 
plirsue,  and  what  has  now  taken  place  may  be  a  happy  and  for 
tunate  event  lor  the  United  States,  by  relieving  them  from  a 
disgraceful  tribute,  and  an  imperious  and  piratical  depredation 
on  their  commerce.  If  our  small  naval  force  can  -operate  freely 
in  this  sea,  Algiers  will  be  humbled  to  the  dust. 

Spain  would  undoubtedly  be  ready  and  willing,  as  far  as  she 
might  be  able,  to  co-operate  with  any  nation  against  Algiers ; 
for  the  enormous  demands  made  upon  the  former  by  the  latter 
not  having  been  complied  with,  the  Algerines  have  lately  taken 
vessels  and  property  from  the  Spaniards  totheamonnt  of  more 
than  100,000  dollars,  and  have  upwards  of  fifty  of  the  subjects 
of  that  nation  in  slavery.  They  still  permit,  or  rather  compel 
the  consul  to  remain  at  Algiers,  and  have  not  declared  war 
against  Spain,  whose  ally  seems  to  view  these  depredations  with 
indifference.  The  French  may  be  said  to  be  nearly  in  a  state  of 
open  hostility  with  them  ;  and  the  Algerines  know,  that  in  the 
event'of  a  peace  between  Great  Britain  and  France,  they  must 
submit  to  the  will  of  the  latter  power.  Sweden  and  Denmark 
are  in  arrears  for  four  or  five  annuities,  and  nothing  but  a  know 
ledge  that  these  powers  have  no  commerce  in  this  sea,  on  which 
they  can  depredate,  prevents  their  making  war  upon  them.  In 
the  mean  time,  the  consuls  of  these  nations  pay  annually  a  con 
siderable  sum  of  money  for  their  forbearance,  while  the  account 
of  annuities  is  accumulating.  All  the  Sicilians  have  been  re 
leased,  through  the  interference  of  the  English,  from  Tunis  and 
Tripoli ;  and  at  my  departure  from  Algiers,  lord  William  Ben- 
tick  was  daily  at  that  place,  to  treat  for  the  Sicilians  in  slavery 
there.  The  Portuguese  have  redeemed  all  their  subjects  in 
slavery  at  Algiers,  and  extended  their  truce  with  the  regency 
for  one  year. 

I  shall  proceed  in  the  Allegany  to  Gibraltar,  where  I  shall 
dispose  of  her  cargo,  which  has  been  refused  by  the  dey  of 
Algiers,  to  meet,  as  far  as  it  will  go,  the  bill  before  mentioned, 
and  for  the  remainder  shall  draw  upon  the  honourable  the  secre 
tary  of  state.  At  the  same  time,  I  shall  send  to  Mr.  Simpson, 
our  consul  at  Tangier,  the  gun  barrels  intended  for  the  emperor 
of  Morocco,  as  well  as  a  copy  of  your  letter  respecting  the 
change  of  passports,  with  a  proportion  of  the  tops,  and  one  of 
the  new  passports.  The  same  will  be  done  to  Tunis  and  Tri 
poli,  from  which  place  I  have  heard  nothiog  since  I  had  last 
the  honour  of  writing  to  you.  I  shall  also  from  thence  dis 
pense  information  of  what  happened  at  Algiers,  to  all  ports  of 


102]  HISTORICAL  REGISTER.       [ISTH  CONG. 

this  sea,  as  before  mentioned,  and  shall  add  to  this  letter  (if  an 
opportunity  should  offer  of  forwarding  it  before  ray  arrival) 
such  occurrences  or  information  as  I  may  meet  with  there. 

On  the  13th  instant,  the  whole  naval  force  of  Algiers  sailed 

on  a  cruize  to  the  eastward,  supposed   to  be  destined  against 

Tunis,  or  to  make  a  descent  on  some  part  of  Sardinia,  for  the 

purpose  of  getting  slaves,   It  consisted  of  the  following  vessels: 

1  frfgate  of  50  guns  and  500  men 

1  do.      46  do.  460 

2  do.      44  do.   450  men  each,    900 

1  do.  (new)  38  do.  400 

2  corvettes,  24  guns  each,  500 

1  do  22  do.  230 

2  brigs,         22  guns  each,  450 
1  xebeck,      20  guns  200 
1  schooner,    4  do.  40 
1  row  galley  50 

6  gun  boats,  sloop  rigged,  carrying  one  twenty-four  poun 
der,  and  one  eleven  inch  mortar  each. 

The  heaviest  cannon  in  their  frigates  are  eighteen  pounders, 
but  these  do  not  extend  through  the  whole  battery,  having  some 
twelve  pounders  among  them  ;  the  other  guns  are  nine  and  six 
pounders.  The  corvettes  and  brigs  carry  twelve,  nine,  and  six 
pounders:  none  of  them  have  carronades. 

The  large  frigate  is  about  six  years  old,  and  the  best  of  the 
squadron.  She  is  about  the  size  of  our  36  gun  frigates.  Three 
of  the  others  are  very  old  ships,  hardly  sea-worthy,  about  the 
size  of  our  32  gun  frigates.  That  of  38  guns  is  a  new  ship, 
launched  at  Algiers  about  two  months  since,  and  is  about  500 
tons  burthen.  The  two  corvettes  of  24  guns  are  Greek  prizes, 
converted  into  cruizers,  about  400  tons  burthen  each.  The 
corvette  of  22  guns  is  an  old  vessel  of  about  350  tons.  The  two 
brigs  are  about  250,  and  the  xebeck  200  tons.  Four  of  the 
frigates,  one  corvette,  and  the  two  brigs  are  coppered. 

The  Algerines  have  not  another  vessel  of  war  besides  those 
mentioned,  excepting  three  gun  boats,  of  the  size  of  those  sent 
out,  which  are  unfit  for  service.  All  their  small  open  gun  boats 
for  the  defence  of  the  bay,  are  either  broken  up  or  entirely  unfit 
for  service. 

The  squadron  before  mentioned  is  commanded  by  their  fa 
mous  captain  Rais  Hammida,  who  bears  the  title  of  admiral. 
He  is  a  bold,  active,  enterprising  commander,  but  entirely  un 
acquainted  with  juy  regular  mode  of  fighting ;  he  has  not  the 
advantage  of  beinj;  a  Turk,  or  even  an  Algerine  by  birth,  and 
his  advancement,  which  has  been  owing  entirely  to  his  activity, 


! 


i>D  SESS.]  STATE  PAPERS.  [103 

enterprize,  and  singular  good  fortune,  has  excited  the  jealousy 
and  hatred  of  the  other  commanders,  who  are  far  inferior  to 
him  in  point  of  talents  ;  but  he  is  much  beloved  by  the  sailors 
(if  such  they  may  be  called  who  go  out  in  their  cruizers).  He 
is  an  Arab  of  the  mountains,  of  one  of  the  tribe  of  Carbiles  ;  he 
came  to  Algiers  when  a  boy,  to  seek  a  livelihood,  as  is  the  cus 
tom  of  those  people,  and  going  out  in  one  of  the  cruizers  be 
came  attached  to  that  mode  of  life,  and  has  risen  to  his  present 
rank.  He  is  about  40  years  old. 

The  crews  of  their  cruizers  consist  principally  of  the  lowest 
and  most  miserable  order  of  people  in  Algiers,  known  by  the 
name  of  Biscaries  and  Carbiles,  from  the  tribes  to  which  they 
belong.  They  are  either  taken  from  the  streets  at  the  moment 
when  a  cruizer  is  about  to  sail,  or  if  a  previous  cruize  has  been 
fortunate  they  go  on  board  voluntarily  in  great  numbers,  hoping 
to  obtain  plunder  or  prize  money.  As  the  last  cruize  of  their 
corsairs  was  esteemed  fortunate  by  the  capture  of  a  number  of 
Greek  vessels  loaded  with  wheat,  and  each  man  shared  about 
50  dollars,  the  vessels  have  been  crowded  with  volunteers  on 
the  present  cruize.  Besides  these  there  are  a  few  who  may  be 
called  good  seamen  for  Algerines  ;  and  about  10  or  12  Turkish 
soldiers  to  every  100  men  on  board  the  vessel. 

They  know  nothing  of  regular  combat  at  sea,  and  if  kept 
from  boarding  distance,  they  could  not  withstand  one  half  their 
own  force  on  board  another  vessel,  which  should  be  tolerably 
well  managed  in  the  usual  mode  of  sea-fighting.  It  is  on  board 
ing  that  they  depend  entirely  to  overcome  an  equal  or  any  force 
that  will  contend  with  them.  These  attempts  they  sometimes 
make  with  a  desperation  bordering  on  madness  ;  but  if  foiled 
in  that,  they  have  no  other  resource. 

After  this  account  of  the  Algerine  cruizers  and  their  crews, 
which  is  faithful  and  correct,  I  am  sure  that  our  brave  officers 
and  seamen  would  rejoice  to  nieet  them  with  only  half  their 
force,  if  circumstances  should  make  a  recurrence  to  arms 
necessary  on  our  part,  and  our  ships  could  come  freely  into 
this  sea. 

Enclosed  is  the  account  of  the  settlement  of  the  cargo  of  the 
brig  Paul  Hamilton,  made  at  the  palace  on  the  22d  instant,  and 
although  the  prices  allowed  for  the  cordage  and  cables  are  at  a 
great  loss  to  the  United  States,  yet  those  given  for  the  plank 
and  turpentine,  &c.  make  the  settlement  upon  the  whole  as  good 
as  usual,  and  had  the  cargo  of  the  ship  Allegany  been  received 
at  the  same  rate,  it  would  have  paid  the  balance  up  to  September 
next,  which  completes  the  17th  year  of  our  treaty,  according  to 
our  computation  of  time.  The  account  of  annuities  between 


104]  HISTORICAL  REGISTER.       [ISTH  CONG. 

the   United  States  and  Algiers,  as  per  treaty  stands  simply 
thus : 

Dr.  The  United  States  to  the  dey  and  regency  of  Algiers. 
To  17  annuities  ending  Sept.  5th,  1812,  at  21,600 

dollars  per  year,  -       g  367,200 


Supra.  Cr. 

By  14^  annuities  paid  as  per  receipts,  at  21,600 

dollars  per  year,  -  g  313,200 

By  a  tiscary  given  at  the  last  settlement  for  a  ba 
lance  in  favour  of  the  United  States,  14,480 
old  sequins,  -  -  26,064 

By  the  amount  of  stores  brought  by  the  brig  Paul 

Hamilton,  as  per  settlement  July  22d,  1812,  12,099 

g  351,363 
Balance  due  to  the  regency  of  Algiers  on  the  5th 

Sept.  1812,          -  15,837 


g  367,200 

The  regency  of  Algiers  counting  the  time  by  the  Mahometan 
computation  of  354  days  to  the  year,  make  17|  years,  which  is 
an  addition  of  half  a  year  or  10,800  dollars  to  the  above  balance, 
which  makes  their  balance  26,637  to  the  5th  of  September, 
1812,  for  which  the  dey.  demands  27,000  dollars,  in  round 
numbers. 


Message  from  the  President  of  the  United  States  transmitting  a 
Report  of  the  Secretary  of  State,  made  in  obedience  to  a  resolu 
tion  of  the  House  of  Representatives  of  the  ninth  instant,  re 
questing  information  touching  the  conduct  of  British  Officers 
towards  persons  taken  in  American  armed  ships. 

To  the  House  of  Representatives  of  the  United  States. 

I  transmit  to  the  house  of  representatives  a  report  of  the 
secretary  of  state,  complying  with  their  resolution  of  the  ninth 
instant. 

December  21-tf,  1812.  JAMES  MADISON. 

The  secretary  of  state,  to  whom  was  referred  the  resolution 
of  the  house  of  representatives  of  the  9th  instant,  requesting  in 
formation  touching  the  conduct  of  British  officers  towards  per- 


SDSESS.]  STATE  PAPERS.  [105 

sons  taken  in  American  armed  ships,  has  the  honour  to  lay  be 
fore  the  president  the  accompanying  papers  marked  A.  B.  G. 
from  which  it  appears,  that  certain  persons,  some  of  whom  are 
said  to  be  native,  and  others  naturalized  citizens  of  the  United 
States,  being  parts  of  the  crews  of  the  United  States'  armed 
vessels  the  "  Nautilus"  and  the  "  Wasp,"  and  of  the  private 
armed  vessel,  the  "  Sarah  Ann,"  have  been  seized,  under  the 
pretext  of  their  being  British  subjects,  by  British  officers,  for 
the  avowed  purpose,  as  is  understood,  of  having  them  brought 
to  trial  for  their  lives,  and  that  others,  being  part  of  the  crew 
of  the  Nautilus,  have  been  taken  into  the  British  service. 

The  secretary  of  state  begs  leave  also  to  lay  before  the  presi 
dent  the  papers  marked  D.  and  E.  From  these  it  will  be  seen, 
that  whilst  the  British  naval  officers  arrest  as  criminals  such 
persons  taken  on  board  American  armed  vessels  as  they  may 
consider  British  subjects,  they  claim  a  right  to  retain  on  board 
British  ships  of  war  American  citizens  who  may  have  married 
in  England,  or  been  impressed  from  on  board  British  merchant 
vessels ;  and  that  they  consider  an  impressed  American,  when 
he  is  discharged  from  one  of  their  ships,  as  a  prisoner  of  war. 
All  which  is  respectfully  submitted. 

JAMES  MONROE. 
Department  of  State,  December  19,  1812. 

A.  No.  1. 

Extract  of  a  letter  from  Lt.  F.  H.  Babbitt  to  master  and  com- 
mandant  Wm.  M.  Crane,  of  the  United  States*  navy  (late  of 
the  United  States'  brig  Nautilus),  dated 

Boston,  Mass.  13th  Sept.  1812. 

Enclosed  I  send  you  a  description  of  the  proportion  of  our 
little  crew,  who  have  been  so  debased  and  traitorous  as  to  enter 
the  service  of  our  enemy.  Also,  a  list*  of  those  gallant  fellows 
whose  glory- it  would  have  beea  to  have  lost  their  lives  in  the 
service  of  their  country,  and  whose  misfortune  it  has  been  to 
cross  the  Atlantic  on  suspicion  of  their  being  British  subjects: 
four  of  them  native  born  Americans,  and  two  naturalized  citi 
zens.  On  their  parting  with  me,  and  removal  from  the  Africa 
of  64  guns  to  the  Thetis  frigate  (the  latter  with  a  convoy  from 
England,  then  in  43.  30.  N.  and  46.  30.  W.),  their  last  request 
and  desire  was  that  I  would  particularly  acquaint  you  with  their 
situation,  with  their  determination  never  to  prove  traitors  to 
that  country  whose  flag  they  were  proud  to  serve  under,  and 

*  This  list  not  received. 
VOL.  I.  O  O 


. 


106]  HISTORICAL  REGISTER.       [12iH  CONG. 

whose  welfare  and  prosperity  they  equally  hoped  and  anticipa 
ted  to  realise. 

(Signed)  F.  H.  BABBITT. 

A  list  of  men  said  to  have  entered  on  board  his  B.  M.  frigate 

Shannon,   commodore  Broke.       Their   description  as  far  as 

known* 

Jesse  Bates,  seaman,  about  5  feet  9  inches  high,  dark  hair 
and  complexion,  dark  snapping  eyes,  has  an  impediment  in  his 
speech,  and  at  times  affects  lunacy;  has  a  wife  and  family  in 
Boston,  Mass. 

Samuel  Lang,  marine,  born  in  Kentucky,  5  feet  8  inches 
high,  or  thereabouts,  and  is  supposed  to  be  with  capt.  Hall,  of 
tl.e  U.  S.  marines,  New  York. 

John  Young,  marine,  5  feet  5  inches  high,  large  mouth,  en 
listed  with  capt.  Hall,  navy  yard,  New  York ;  when  addressed, 
or  is  addressing  an  officer,  casts  down  his  eyes.  For  his  par 
ticular  description  as  well  as  that  of  John  Rose,  marine,  about 
5  feet  8  inches  high,  brown  hair,  full  face,  thick  set,  and  a 
scowl  in  his  countenance,  refer  to  capt.  John  Hall. 

John  O'Neal,  seaman,  about  25  years  of  age,  5  feet  5  inches 
high,  dark  hair,  sharp  face,  dark  eyes,  thick  set,  and  was  ship 
ped  at  Norfolk,  Va.  previous  to  your  taking  command  of  the 
Nautilus. 

William  Jones,  od.  seaman,  about  5  feet  8  inches  high,  light 
hair,  24  years  of  age,  full  face,  thick  set,  down-cast  look,  and  is 
a  very  alert  man  ;  entered  at  New  York  April  last. 

(Signed)  F.  H.  B. 

A.  No.  2. 

Sir  John  Borlase  Warren,  to  Mr,  Monroe* 

Sir,  Halifax,  30th  September,  1812. 

Having  received  information  that  a  most  unauthorized  act 
has  been  committed  by  commodore  Rodgers,  in  forcibly  seizing 
twelve  British  seamen,  prisoners  of  war,  late  belonging  to  the 
Guerriere,  and  taking  them  out  of  the  English  cartel  brig  En 
deavour  on  her  passage  down  the  harbour  of  Boston,  after  they 
had  been  regularly  embarked  on  board  of  her  for  an  exchange, 
agreeable  to  the  arrangements  settled  between  the  two  countries, 
and  that  the  said  British  seamen,  so  seized,  are  now  detained  on 
board  the  U.  States'  frigate  President  as  hostages  ;  I  feel  myself 
called  upon  to  request,  sir,  your  most  serious  attention  to  a  mea 
sure  so  fraught  with  mischief  and  inconvenience,  destructive  of 
the  good  faith  of  a  flag  of  truce  and  the  sacred  protection  of  a 
cartel.  I  should  be  extremely  sorry  that  the  imprudent  act  of 


2D  sEss.]  STATE  PAPERS.  [lor 

any  officer  should  involve  consequences  so  particularly  severe 
as  the  present  instance  must  naturally  produce  if  repeated  ;  and 
although  it  is  very  much  my  wish,  during  the  continuance  of  the 
differences  existing  between  the  two  countries,  to  ado  t  every 
measure  that  might  render  the  effect  of  war  less  rigorous,  yet 
in  another  point  of  view,  the  conviction  of  the  duty  I  owe  my 
country  would,  in  the  event  of  such  grievances  as  I  have  already 
stated  being  continued,  not  admit  of  any  hesitation  in  retaliatory 
decisions  :  but  as  I  am  strongly  persuaded  of  the  high  liberality 
of  your  sentiments,  and  that  the  act  complained  of  has  originated 
entirely  with  the  officer  who  committed  it,  and  that  it  will  be  as 
censurable  in  your  consideration  as  it  deserves,  I  rely  upon  your 
taking  such  steps  as  will  prevent  a  recurrence  of  conduct  so  ex 
tremely  reprehensible  in  every  shape. 

I  have  the  honour  to  be,  with  the  highest  consideration,  sir, 
your  most  obedient  and  most  faithful  humble  servant, 

(Signed)  JOHN  BORLASE  WARREN, 

Admiral  of  the  Blue,  and 

Commander  in  ChicJ \  &?c. 
His  e\  ellency  James  Monroe,  esq.  Secretary  of  State. 


Mr.  Monroe  to  Sir  John  Borlase  Warren. 

Sir,  Department  of  State,  October  28M,  1st 2. 

I  have  had  the  honour  to  receive  your  letter  of  the  3Oth  Sep 
tember,  complaining  that  commodore  Rodgers,  commanding  a 
squadron  of  the  United  States'  navy  at  the  port  of  Boston,  had 
taken  twelve  British  seamen,  lately  belonging  to  his  Britannic 
majesty's  ship  the  Guerriere,  from  a  cartel  in  the  harbour  of 
Boston,  and  that  he  detained  them  on  board  the  President,  a 
frigate  of  the  United  States,  as  hostages. 

I  am  instructed  to  inform  you,  that  inquiry  shall  be  made  into 
the  circumstances  attending,  and  the  causes  which  produced  the 
act  of  which  you  complain,  and  that  such  measures  will  be  taken 
on  a  knowledge  of  them,  as  may  comport  with  the  rights  of  both 
nations,  and  may  be  proper  in  the  case  to  which  they  relate. 

I  beg  you,  sir,  to  be  assured  that  it  is  the  sincere  desire  of 
the  president  to  see  (and  to  promote,  so  far  as  depends  on  the 
United  States)  that  the  war  which  exists  between  our  countries 
be  conducted  with  the  utmost  regard  to  humanity. 

I  have  the  honour  to  be,  &c.  &c. 

(Signed)  JAMES  MONROE. 

Sir  John  Borlase  Warren,  Admiral  of  the  Blue,  and  Commander 
in  Chief,  &c.  £V. 


108]  HISTORICAL  REGISTER.      [12THCOHG. 

B. 

Sir  Washington,  December  17,  1812. 

I  have  the  honour  to  annex  a  list  of  twelve  of  the  crew  of  the 
late  United  States'  sloop  of  war  Wasp,  detained  by  captain  John 
Be.rresford,  of  the  British  ship  Poictiers,  under  the  pretence  of 
their  being  British  subjects. 

I  have  the  honour  to  be,  respectfully,  sir,  your  obedient  ser 
vant, 

GEO.  S.  WISE,  purser. 
The  hon.  Paul  Hamilton,  Secretary  of  the  Navy. 

List  referred  to  in  the  preceding  note  marked  B. 

John  MlCloud,  boatswain,  has  been  in  the  service  since  1804. 
Married  in  Norfolk  in  1804  or  5,  and  has  a  wife  and  four  chil- 
drtn  there. 

John  Stephens,  boatswain's  mate,  has  been  in  the  service  5  or 
6  years. 

Geo.  M.  D.  Read,  quarter  master,  has  a  protection,  and  has 
sailed  out  of  New  York  and  Philadelphia  for  several  years. 

William  Mitchell,  seaman,  James  Gothright,  do.  John 
Wright,  do.  Thomas  Phillips,  do.  Peter  Barron,  do.  John  Con 
nor,  ordinary  seaman,  John  Rose,  do.  George  Brooks,  do.  Den- 
ni  Daugherty,  marine. 

The  greater  number,  if  not  all,  had  protections  at  the  time 
of  entering  and  being  taken.  Two  others  were  detained — John 
Wade  and  Thomas  Hutchins  ;  but  were  given  up,  the  former 
on  captain  Jones'  assuring  captain  Berresford  he  knew  him  to 
be  a  native  citizen  ;  the  latter  on  a  like  assurance  from  D.  Rod- 
gers. 

Wm.  Mitchell  was  in  the  service  during  1805  and  6,  in  the 
Mediterranean. 

Washington  City,  December  17,  1812. 

GEORGE  S.  WISE,  purser. 

C. 

Extract  of  a  letter  from  major  general  Pinckney  to  the  Secretary 

of  War,  dated 

Head-quarters^  Charleston,  4<th  November,  1812. 

Information  having  been  given  upon  oath  to  lieutenant 
Grandison,  who  at  present  commands  in  the  naval  department 
here,  that  six  American  seamen,  who  had  been  taken  prisoners 
on  board  of  our  privateers,  had  been  sent  to  Jamaica  to  be  tried 
as  British  subjects  for  treason,  he  called  upon  the  marshal  to 
retain  double  that  number  of  British  seamen  as  hostages.  The 
marshal,  in  consequence  of  instructions  from  the  department  of 


2D  SESS.]  STATE  PAPERS.  [109 

state,  asked  my  advice  on  the  subject,  and  I  have  given  my 
opinion  that  they  ought  to  be  detained  until  the  pleasure  of  the 
president  shall  be  known.  The  testimony  of  captain  Moon  is 
herewith.  I  hope,  sir,  you  will  have  the  goodness  to  have  this 
business  put  in  a  proper  train  to  have  the  president's  pleasure 
on  this  subject  communicated  to  the  marshal. 

Copy  of  a  letter  from  captain  Moon,  of  the  privateer  Sarah  Ann* 

Nassau,  New- Providence,   \4th  October,  1812. 

Six  of  my  crew,  claimed  as  British  subjects,  were  this  day 
taken  out  of  jail  and  put  on  board  his  majesty's  brig  the  Sappho, 
and  sailed  for  Jamaica,  where  'tis  said  they  are  to  be  tried  for 
their  lives ;  consequently  I  questioned  each  respectively  as  to 
the  place  of  their  nativity,  and  title  to  protection  by  the  Ameri 
can  government,  when  they  stated  as  follows,  to  wit : 

David  Dick,  seaman,  that  he  was  born  in  the  north  of  Ireland, 
but  has  resided  in  the  United  States  ever  since  the  year  1793  ; 
has  served  ten  years  in  the  United  States'  navy,  viz.  on  board 
the  frigates  Chesapeake,  President,  Constitution,  John  Adams, 
and  schooner  Enterprize,  and  gun  boat  No.  2.  David  Dick, 
shoemaker,  in  Alexandria,  is  his  uncle.  Dick  is  about  five  feet 
six  and  a  half  inches  high,  dark  hair,  has  a  scar  on  his  left  el 
bow  and  one  on  each  wrist ;  he  entered  on  board  the  Sarah  Ann 
in  Baltimore. 

John  Gaul,  seaman,  says  he  was  born  in  Marblehead,  state 
of  Massachusetts,  where  his  parents,  brothers,  and  sisters  now 
reside ;  is  married  in  New  York,  and  his  wife  (Mary  Gaul) 
lives  in  Roosevelt  street,  No.  37  ;  has  a  regular  discharge  from 
the  navy  of  the  United  States  by  captain  Hugh  G.  Campbell, 
dated  at  St.  Mary's,  Georgia,  14th  August,  1812;  says  he 
has  served  on  board  the  United  States'  brig  Vixen,  gun  boats 
No.  10  and  158,  from  the  last  of  which  he  was  discharged. 
Gaul  is  twenty-seven  years  of  age,  about  five  feet  seven  inches 
high,  brown  hair,  light  complexion  ;  he  entered  on  board  the 
Sarah  Ann  in  Baltimore. 

Michael  Pluck,  od.  seaman,  says  he  was  born  in  Baltimore ; 
his  parents  are  dead,  but  he  is  known  by  William  Doulan, 
Thomas  Turner,  and  McDonald  of  Baltimore  ;  has  a  sister  in 
some  part  of  Pennsylvania,  whose  name  is  Ann  Welsh ;  was 
never  at  sea  before  ;  never  had  a  protection.  Pluck  is  twenty- 
six  years  old,  five  feet  six  and  a  half  inches  high,  and  has  a 
scar  on  his  left  cheek  bone  ;  entered  on  board  the  Sarah  Ann 
at  Baltimore. 

Thomas  Rogers,  seaman,  says  he  was  born  in  Waterford, 
Ireland,  but  has  resided  many  years  in  the  United  States,  and 


110]  HISTORICAL  REGISTER.       [ISTH  CONG. 

has  been  duly  naturalized,  a  copy  of  which  naturalization  is 
filed  in  the  custom  house  at  Baltimore ;  he  is  known  by  Joseph 
Carey  and  Tom  Rogers,  cork  cutter,  both  in  Baltimore  ;  has  a 
wife  and  three  children  in  Baltimore ;  has  lost  his  protection, 
but  requests  Joseph  Carey  to  do  all  he  can  to  effect  his  dis 
charge  from  the  British.  Rogers  entered  on  board  the  Sarah 
Ann  in  Baltimore. 

George  Roberts,  a  coloured  man  and  seaman.  This  man  I 
had  not  an  opportunity  of  questioning;  but  I  know  him  to  be  a 
native  born  citizen  of  the  United  States,  of  which  fact  he  had 
every  sufficient  document,  together  with  free  papers.  Roberts 
entered  on  board  the  Sarah  Ann  in  Baltimore,  where  he  is  mar 
ried. 

Sonty  Taylor,  boy,  says  he  was  born  in  Hackensack,  New 
Jersey,  but  has  neither  friends,  relations,  nor  acquaintance 
there ;  says,  Jane  Snowden,  of  Savannah,  Georgia,  is  his  mo 
ther;  never  had  a  protection.  Taylor  is  fifteen  years  old,  has 
brown  hair  and  light  complexion  ;  he  entered  on  board  the  Sa 
rah  Ann  in  Savannah.  RICHARD  MOON, 
Late  Commander  of  the  Privateer  Sarah  Ann. 

D. 

Copy  of  a  letter  from  Admiral  Warren  to  Mr.  Mitchell,  agent  for 

the  exchange  of  American  prisoners  of -war,  dated 
Sir,  Halifax,  21st  October,  1812. 

I  have  the  honour  to  receive  your  letter  and  its  enclosures 
relating  to  Thomas  Dunn^~,  and  beg  leave  to  inform  you,  that 
it  appears  the  said  man  is  married  in  England,  has  been  eight 
years  in  his  majesty's  service,  and  received  a  pension  from  go 
vernment:  under  these  circumstances,  and  the  man  never  hav 
ing  made  any  application  for  his  discharge  from  prison,  he  con 
tinues  on  board  the  Statira. 

I  have  the  honour  to  be,  sir,  your  most  obedient  humble 
servant, 

(Signed)  JOHN  BORLASE  WARREN. 

E. 

Extract  of  a  letter  from  William  H.  Savage,  late  agent  for  Ame 
rican  seamen  and  commerce  at  Jamaica,  to  the  secretary  of 
state,  dated 

Washington,  Dec.  1,  1812. 
I  take  the  liberty  to  enclose  you  copies  of  a  correspondence 

which  took  place  between  vice-admiral  Stirling   (commanding 

*  Note.  The  application  was  made  at  the  request  of  his  father  John  Dunn, 
of  Boston,  who  transmitted  a  deposition  of  his  birth. 


2DSESS.]  STATE    PAPERS.  [Ill 

on  the  Jamaica  station)  and  myself,  since  the  declaration  of  war. 
I  should  have  furnished  it  you  at  an  earlier  period,  but  an  acci 
dent  prevented,  which  I  was  not  aware  of,  until  my  arrival  at 
this  city. 

No.  1. 

Copy  of  a  letter  to  vice-admiral  Stirling,  commanding  on  the  Ja 
maica  station,  on  the  subject  of  American  seamen,  after  the  de 
claration  of  war* 
Sir,  Kingston,  Jamaica,  6th  August,  1812. 

Enclosed  is  a  copy  of  a  letter  received  by  me  yesterday  from 
on  board  his  majesty's  ship  Sappho,  purporting  to  have  been 
written  by  four  American  seamen  on  board  that  ship,  with  a 
view  to  solicit  my  aid  towards  effecting  their  discharge,  in  con 
sequence  of  the  declaration  of  war  by  the  government  of  the 
United  States  against  Great  Britain. 

In  making  this  application,  I  am  fully  aware  that  my  duties 
ceased  as  agent  for  the  commerce  and  seamen  of  the  United 
States  on  the  knowledge  of  such  declaration  being  made  known 
here :  but,  sir,  I  am  led  to  believe,  that,  at  this  period,  it  will 
not  be  deemed  inadmissible  on  your  part  to  receive,  nor  impro 
per  on  mine  to  make  the  request,  that  you  will  be  pleased  to 
grant  an  order  for  the  discharge  of  these  seamen,  feeling  con 
scious  (should  they  even  not  be  protected  with  the  usual  docu 
ments  afforded  to  citizens  of  the  United  States)  that  an  English 
seaman  would  not  declare  himself  otherwise  than  such  under 
existing  circumstances. 

I  seize  the  present  opportunity  also  to  forward  to  you  twen 
ty-one  documents  as  proof  of  the  citizenship  of  that  number  of 
seamen,  said  to  have  been  impressed  by  ships  of  war  on  this 
station,  the  greatest  number  of  which  have  been  heretofore  un 
successfully  claimed  by  me,  on  behalf  of  the  United  States,  and 
which  may  still  comprise,  at  this  time,  some  part  of  the  crews 
of  his  majesty's  ships  on  this  station. 

I  beg  further  to  state  to  you,  that  I  have  received  numerous 
applications  from  on  board  various  of  his  majesty's  ships  on  this 
station  for  the  relief  of  seamen,  who  I  doubt  not  are  entitled  to 
the  protection  of  the  American  government,  many  of  them  hav 
ing  with  them  the  proofs  of  their  citizenship,  as  I  am  led  to  be 
lieve  from  the  assertions  contained  in  their  communications. 
Applications  have  also  been  made  for  the  relief  of  nviny  without 
success  :  the  latter  amount  in  number  to  forty-six,  as  per  list  of 
names  enclosed,  several  of  whom  I  understand  have  been  shift 
ed  (since  their  impressment)  on  board  of  other  vessels  than 
those  they  were  at  first  taken  on  board  of.  All  of  which  I  beg 


, 


112]  HISTORICAL  REGISTER.       [12TH  CONG. 

to  offer  for  your  consideration,  feeling  as  I  do  anxious  to  extend 
my  last  efforts  in  behnlf  of  those  seamen  who  are  entitled  to 
them,  and  at  the  same  time  being  impressed  with  the  idea,  that 
it  vvould  be  foreign  to  you,  sir,  to  retain  any  Americans  in  the 
service  of  the  navy  of  Great  Britain  contrary  to  their  disposition, 
during  the  present  conflict.  I  therefore  take  the  liberty  of  ad 
ding  to  my  former  request,  that  you  will  be  pleased  to  grant  or 
ders  that  such  seamen  may  be  discharged  from  duty  on  board 
his  majesty's  ships  on  this  station. 

With  sentiments  of  the  highest  respect,  &c. 

(Signed)  WILLIAM  H.  SAVAGE. 

No.  2. 
Copy  of  vice-admiral  Stirling^  secretary's  letter  in  answer  to 

mine  to  the  vice-admiral  of  6th  August,  1812. 
Sir,  Admiral's  Penn,  Aug.  7,  1812. 

I  am  desired  by  vice-admiral  Stirling  to  acknowledge  the 
receipt  of  your  letter  of  yesterday's  date,  and  to  acquaint  you 
that  directions  were  given  some  days  ago,  that  all  seamen  in 
the  squadron  under  his  command,  who  can  prove  themselves  to 
be  American  born  subjects,  should  be  sent  to  the  prison  ship 
until  an  exchange  of  prisoners  is  established  between  the  two 
countries,  in  consequence  of  the  late  declaration  of  war  by  the 
United  States  against  Great  Britain. 

I  return  herewith  the  papers  which  accompanied  your  letter, 
and  am,  sir,  &c.  &c. 

(Signed)  CHARLES.  STIRLING,  jun.  Secretary. 

No.  3. 
Extract  of  a  letter  from  Willi-am  H.  Savage,  esq.  late  agent  for 

American  seamen  and  commerce  at  Jamaica,  to  Charles  Stirling, 

jun.  esq.  dated 

Kingston,  Sept.  16, 1812. 

In  answer  to  my  letter  of  the  6th  ultimo,  you  were  pleased 
to  inform  me  that  directions  had  been  given  by  the  vice-admiral 
some  days  prior  to  the  date  of  my  letter  for  the  removal  of  all 
native  Americans  (who  could  prove  themselves  such)  from  on 
board  H.  M.  ships  to  that  of  the  prison-ship  ;  but  as  some  time 
has  now  elapsed  since  you  were  pleased  to  give  me  this  infor 
mation,  and  learning  that  some  instances  of  detention  at  present 
exist  on  board  H.  M.  schooner  Decouverte,  I  am  led  to  embrace 
the  subject  again,  as  in  one  instance  I  shall  hope  to  satisfy  vice- 
admiral  Stirling  of  the  man's  being  entitled  to  his  removal  from 
duty  on  board  H.  M.  schooner  of  war.  The  person  alluded  to 
is  Elijah  Stirling,  an  American  seaman,  who  was  impressed 


2D  SESS.]  STATE  PAPERS.  [113 

from  on  board  the  British  merchant  ship  Brilliant  at  the  bay  of 
Honduras,  in  the  early  part  of  the  year  1810,  by  H.  M.  schooner 
Flor  del  Mar,  and  has  since  been  detained  on  board  of  various 
of  H.  M.  ships  on  this  station,  although  provided  with  a  regular 
protection,  which  instrument  this  man  got  conveyed  to  me  about 
the  20th  of  September  following,  and  which  was  by  me  forward 
ed  to  admiral  Rowley,  accompanied  (as  usual  in  like  cases)  with 
a  request  that  the  man  might  be  discharged.  On  the  receipt  of 
my  letter  the  admiral  answered  through  his  secretary,  that  the 
nature  of  Stirling's  impressment  was  such,  that  he  could  not 
comply  with  my  request;  but  which  answer  was  unaccompanied 
in  return  with  the  protection  in  question,  and  what  has  become 
of  it  I  am  unable  to  say. 

About  this  period  I  was  led  to  understand  from  admiral  Row 
ley,  that  all  American  seamen  who  should  be  impressed  from 
on  board  any  British  merchant  vessel,  would  be  retained  in  the 
service  of  his  majesty,  but  that  all  American  seamen  who  should 
be  impressed  from  on  board  of  American  vessels,  would,  on  ap 
plication,  accompanied  by  proof,  be  discharged.  As  this  infor 
mation  was  received  about  the  period  of  my  application  for  the 
discharge  of  Stirling,  I  was  led  to  conclude  it  stampt  the  nature 
of  his  impressment,  and  what  confirmed  it  in  my  mind  was, 
that  I  received  similar  assurances  to  various  applications  made 
for  American  seamen,  who  had  under  various  circumstances 
shipped  on  board  of  British  ships,  and  were  from  thence  im 
pressed  on  board  of  H.  M.  ships  of  war,  all  of  which  I  hope 
the  admiral  will  be  pleased  to  take  into  consideration;  for  to 
insist  on  the  service  of  this  man,  I  think,  will  be  a  dereliction 
to  the  marked  manner  of  his  amiable  endeavours  to  distinguish 
and  relieve  American  seamen  from  duty  on  board  the  squadron 
under  his  command.  I  beg  to  enclose  a  note  from  Mr.  Meek 
(the  late  secretary)  relative  to  my  application  for  this  man's 
discharge,  and  to  observe,  that  it  is  possible  the  protection  may 
yet  be  found  among  the  papers  of  the  late  secretary,  as  it  has 
not  been  usual  to  return  me  the  protections  of  those  men  whose 
applications  for  discharge  were  not  complied  with. 

I  beg  furthermore  to  observe,  that  there  appears  also  to  be  on 
board  his  majesty's  schooner  Decouverte,  two  other  American 
seamen,  viz.  John  Englefield  and  Richard  Lauderkin,  the  for 
mer  of  whom  asserts  that  he  served  his  apprenticeship  to  the 
trade  of  a  cooper,  at  Boston,  but  has  lost  his  protection ;  the  lat 
ter  declares  himself  to  be  a  native  of  Rhode-Island,  and  that  his 
protection  has  been  destroyed  by  Mr.  Oiliver,  commander  of  his 
majesty's  schooner  Decouverte.  I  shall  not  now  animadvert  on 
the  impropriety  of  such  a  circumstance,  but  request^  should  the 

VOL.  i.  P  p 


114]  HISTORICAL  REGISTER. 

instances  here  cited  be  found  correct,  that  they  may  meet  the 
attention  of  the  vice-admiral. 

No.  4. 

Extract  of  a  letter  from  vice-admiral  Stirling's  secretary ,  to  W. 
H.  Savage,  esq.  in  answer  to  his  of  the  16th  September,  1812. 
Admiral's  Penn,  19th  September,  1812. 

I  have  just  received  your  letter  of  the  16th  instant,  which  I 
have  laid  before  vice-admiral  Stirling,  and  I  am  directed  to  ac 
quaint  you,  that  Elijah  Stirling,  and  other  persons  on  board  of 
his  majesty's  schooner  Decouverte,  said  to  be  American  sea 
men  have  not,  when  called  upon,  produced  proof  of  being  sub 
jects  of  the  United  States.  They  do  not  fall  under  the  descrip 
tion  of  persons  which  I  informed  you  in  my  letter  of  the  7th 
ult.  were  intended  to  be  discharged  from  the  king's  service, 
and  to  be  detained  on  board  the  prison  ship  until  an  exchange 
of  prisoners  takes  place  with  America.  . 

The  note  from  Mr.  Meek,  dated  the  21st  September,  1810, 
is  returned  herewith;  and  as  it  appears  thereby  that  admiral 
Rowley  thought  the  circumstances  under  which  Elijah  Stirling 
was  impressed,  did  not  permit  him  to  be  discharged,  vice-admi 
ral  Stirling  does  not  feel  himself  justified  in  attending  to  the 
man's  wishes  on  a  bare  assertion.  The  protection  you  allude 
to  is  not  to  be  found  among  admiral  Rowley's  papers  left  in 
this  office. 


Message  from  the  President  of  the  United  States,  transmitting 
copies  of  a  correspondence  between  John  Mitchell,  agent  for 
American  prisoners  of  war  at  Halifax,  and  the  British  ad 
miral  commanding  at  that  station;  also,  copies  of  a  letter  from 
commodore  Rodger s  to  the  Secretary  of  the  Navy. 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 

I  transmit,  for  the  information  of  congress,  copies  of  a  cor 
respondence  between  John  Mitchell,  agent  for  American  priso 
ners  of  war  at  Halifax,  and  the  British  admiral  commanding  at 
that  station. 

I  transmit  for  the  like  purpose,  copies  of  a  letter  from  com 
modore  Rodgers  to  the  secretary  of  the  navy. 

JAMES  MADISON. 

January  22d,  1813. 


STATE   PAPERS.  [115 

Extract  of  a  letter  from  John  Mitchell,  esq.  'aqentfor  American 

prisoners  of  war  at  Halifax,  to  the  secretary  of  state,  dated 

5th  December,  1812. 

I  cover  you  a  copy  of  a  correspondence,  which  took  place  in 
consequence  of  different  applications  I  received,  either  bv  let 
ter  or  personal,  from  persons  detained  on  board  his  Britannic 
majesty's  ships  of  war  in  this  place. 

I  formerly  mentioned  to  you  that  the  admiral  had  assured 
me,  that  he  would  discharge  all  the  citizens  of  the  United 
States  who  were  in  the  fleet,  and  actually  did  discharge  several. 
This  induced  me  to  think  I  should  be  correct,  and  in  the  perfect 
line  of  my  duty,  in  sending  him  a  list  of  the  applicants  to  me, 
and  requesting  an  enquiry  to  be  made,  and  discharges  granted 
to  all  who  were  citizens  of  the  United  States ;  I  therefore, 
covered  him  a  list  of  the  names  now  enclosed  to  you,  which 
produced  his  letter  to  me  of  same  date  (1st  Dec.  1812). 

I  read  it  with  surprize,  because  some  of  the  men  had  inform 
ed  me  their  captains  had  refused  to  report  them  to  the  admiral. 
Now,  if  no  one  here  was  or  is  allowed  to  do  it,  their  situation 
is  hopeless. 

It  is  not  my  place,  sir,  to  reason  with  you  on  this  business. 
Proof  of  nativity,  in  his  first  letter,  is  a  strong  expression  ;  and 
how  few  are  in  possession  of  it,  and  how  many  who  cannot  ob 
tain  it ! 

The  second  paragraph,  in  the  second  letter,  prevents  my  in 
terfering;  and  I  have  since  been  obliged  to  send  a  man  away, 
requesting  him  to  apply  to  his  commanding  officer. 

Copy  of  a  letter  from  John  Mitchell,  esq.  agent  for   American 
prisoners  of  war  at  Halifax,  to  admiral  sir  John  Borlase  War 
ren,  dated 
Sir,  \st  December,  1812. 

Since  the  sailing  of  the  last  cartels,  in  which  you  were  pleas 
ed  to  send  home  several  Americans,  who  had  been  in  his  Bri 
tannic  majesty's  service,  others,  who  are  now  on  board  the  Cen 
turion  and  Statira,  have  requested  of  me  to  procure  their  dis 
charge,  and  to  be  sent  home. 

Will  you,  sir,  have  the  goodness  to  direct  an  inquiry,  and 
order  the  release  of  such  as  are  citizens  of  the  United  States  ? 
Besides  the  enclosed  list,  I  am  told  there  are  others,  whose 
names  I  have  not. 

I  have  the  honour  to  be,  &c.  &c.  &c. 

(Signed)  JOHN  MITCHELL, 

Agent,  &c.  Sfc. 


116)  HISTORICAL  REGISTER.        fiara  CONG. 

Copt/  of  a  letter  from  admiral  Sir  John  Borlase  Warren,  to 

John  Mitchell,  esq.  agent  for  American  prisoners  of -war  at 

Halifax,  dated 
Sir,  1st  December,  1812. 

I  have  the  honour  to  acknowledge  the  receipt  of  your  letter 
of  this  date,  respecting  some  men,  therein  mentioned,  on  board 
his  majesty's  ships  under  my  command,  said  to  be  citizens  of 
the  United  States,  and  in  reply  beg  to  acquaint  you,  that  when 
ever  I  have  received  representations  from  the  captains  of  his 
majesty's  ships,  of  any  part  of  their  crews  being  citizens  of 
America,  with  sufficient  proof  of  their  nativity,  I  have  direct 
ed  their  discharge  from  the  service. 

I  must  observe  to  you,  that  I  cannot  permit  the  interference 
of  any  applications  from  men  belonging  to  his  majesty's  ships, 
but  through  their  commanding  officers ;  and  in  your  depart 
ment,  of  prisoners  of  war  only,  I  shall  at  all  times  be  most  hap 
py  to  receive  your  communications. 

I  have  the  honour  to  be,  &c. 

(Signed)  JOHN  BORLASE  WARREN. 

Copy  of  a  letter  from  John  Mitchell,  esq.  agent  for  American 

prisoners  of  -war  at  Halifax,  to  admiral  Sir  John  Borlase 

Warren,  dated 
Sir,  3d  December,  1812. 

I  had  yesterday  the  honour  to  receive  your  letter,  dated  the 
1st  instant,  and  observe  that  you  cannot  permit  the  interference 
of  any  application  from  m^n  on  board  his.  Britannic  majesty's 
ships  of  war,  but  through  their  commanding  officers. 

Desirous  of  conforming  as  far  as  possible  to  established  regu 
lations,  permit  me  the  honour  to  inquire  of  your  excellency,  if 
by  your  letter  I  am  to  understand  that  I  am  not  to  receive  the 
applications  of  seamen,  declaring  themselves  citizens  of  the 
United  States,  who  are  on  board  of  his  majesty's  ships  of  war, 
and  communicate  the  same  to  you  ?  If  this  is  the  meaning,  I 
shall  most  certainly  conform,  though  I  must  lament  the  regula 
tion. 

I  have  the  honour  to  be,  &c. 

(Signed)  JOHN  MITCHELL,  Agent,  &c.  &c. 

Copy  of  a  letter  from  admiral  Sir  John  Borlase  Warren,  to  John 
Mitchell,  esq.  agent  for  American  prisoners  of  "war  at  Hali 
fax,  dated 

Sir,  4th  December,  1812. 

In  reply  to  your  letter,  dated  yesterday,   I  have  to  acquaint 

you,  that    whenever  any  address  is  made  relative  to  men  on 


2D  SESS.]  STATE  PAPERS. 

board  his  majesty's  ships,  it  must  be  by  the  commanders  of 
such  vessels  direct. 

I  cannot  permit  any  application  by  other  persons  in  time  of 
war,  but  in  the  above  mode. 

It  will  always  afford  me  pleasure  to  attend  to  your  wishes  in 
any  respect  relative  to  the  situation  or  exchange  of  prisoners, 
or  to  afford  any  aid  or  relief  in  my  power. 

I  have  the  honour  to  be,  &c.  &c. 

(Signed)  JOHN  BORLASE  WARREN. 

From  Commodore  Rodgers  to  the  Secretary  of  the  Navy. 

(Copy) 
Sir,  U.  S.  Frigate  President,  Boston,  January  14,  1813. 

Herewith  you  will  receive  two  muster-books  ol  his  Britannic 
majesty's  vessels  Moselle  and  Sappho,  found  on  board  the  Bri 
tish  packet  Swallow. 

As  the  British  have  always  denied  that  they  detained  on 
board  their  ships  of  war  American  citizens,  knowing  them  to 
be  such,  I  send  you  the  enclosed,  as  a  public  document  of  their 
own,  to  prove  how  illy  such  an  assertion  accords  with  their 
practice. 

It  will  appear  by  these  two  muster-books,  that,  so  late  as 
August  last,  about  an  eighth  part  of  the  Moselle  and  Sappho's 
crews  were  Americans  ;  consequently,  if  there  is  only  a  quarter 
part  of  that  proportion  on  board  their  other  vessels,  that  they 
have  an  infinitely  greater  number  of  Americans  in  their  service 
than  any  American  has  yet  had  an  idea  of. 

Any  further  comment  of  mine  on  this  subject,  I  consider 
unnecessary,  as  the  enclosed  documents  speak  but  too  plainly 
for  themselves. 

I  have  the  honour  to  be,  &c. 

(Signed)  JNO.  RODGERS. 

The  honourable  Paul  Hamilton,  Secretary  of  the  Navy. 


Message  from  the  President  of  the  United  States,  communicating 
resolutions  of  the  Legislature  of  Pennsylvania  on  the  subject  of 
our  foreign  relations. 

To  the  Senate  and  House  of  Representatives  of  the  Unitedtftates* 
At  the  request  of  the  legislature  ot  Pennsylvania,  conveyed 

through  the  governor  of  that  state,  I  transmit  to  congress  copies 

of  its  resolutions  of  the  16th  December,  1812. 

January  30M,  1813.  JAMES  MADISON. 


118]  HISTORICAL  REGISTER.      [12TH  CONG. 

COMMONWEALTH  OF  PENNSYLVANIA,  SS. 

Secretaries  office,  January  21st,  1813. 

I  certify  that  the  annexed  is  a  true  copy  of  the  original  reso 
lutions  remaining  among  the  rolls  in  this  office.  Witness  my 
hand  and  seal. 

N.  B.  BOILEAU,  Secretary. 

Viewing  the  present  state  of  our  foreign  relations,  we  with 
astonishment  and  regret  behold  the  emperor  of  the  French 
withholding  from  our  country  those  indemnifications  which 
ought  to'  have  been  rendered  with  liberality  and  promptness. 
After  the  aggressions  of  Great  Britain  had  by  long  continued 
practice  been  regarded  by  her  government  as  right — after  the 
forbearance  of  the  American  government  had  assumed  the  ap 
pearance  of  cowardice — war  is  reluctantly,  unavoidably,  but 
decisively  declared.  Animated  by  the  most  sincere  love  of 
peace,  the  president  of  the  United  States,  in  the  same  despatch, 
announces  to  the  British  government  the  existence  of  war,  and 
the  equitable,  easy,  and  honourable  means  by  which  its  progress 
might  be  arrested,  and  its  calamities  permanently  prevented ; 
but  this  extraordinary  proof  of  a  humane  and  pacific  disposi 
tion  is  treated  with  contempt.  Familiarized  with  the  slaughter 
of  man  around  the  globe,  the  British  government  prefers  the 
effusion  of  human  blood  to  a  suspension  of  the  inhuman  practice 
of  impressment,  even  during  the  short  space  of  an  armistice 
agreed  on,  for  the  purpose  of  negotiating  a  just  and  honourable 
peace ;  nay,  notwithstanding  the  offer  made  by  the  government 
of  the  United  States,  to  exclude  British  subjects  from  our  mer 
chantmen  and  navy.  But  what  atrocities  are  too  enormous 
to  be  found  in  that  government?  whose  characteristical  features 
are  cruelty  and  perfidy ;  which  stimulates  the  savage  to  drench 
his  tomahawk  and  scalping  knife  in  the  blood  of  our  frontier 
men,  women,  and  infants ;  which,  making  the  most  solemn 
professions  of  friendship  and  peace,  strives  by  the  malignant 
breath  of  its  secret  emisaries  to  kindle  in  our  nation  dissatis 
faction,  discord,  rebellion,  and  civil  war,  with  all  their  sanguinary 
and  horrible  consequences.  Thus  is  extinguished  in  the  Ame 
rican  government,  and  in  every  American  bosom,  the  last  hope 
of  finding  in  the  conduct  of  Great  Britain  towards  the  United 
States,  a  single  voluntary  act  of  justice  or  humanity. 

Impressed  with  these  considerations,  and  with  others  of  a 
collateral  and  subordinate  nature,  we,  the  senate  and  house  of 
representatives  of  the  commonwealth  of  Pennsylvania,  in  gene 
ral  assembly  met,  do  adopt  the  following  resolutions : 


/ 


>>USESS.J  STATE  PAPERS.  [119 

Resolved,  that  the  declaration  of  war  against  the  united 
kingdom  of  Great  Britain  and  Ireland,  issued  by  the  general  go 
vernment  on  the  eighteenth  day  of  June  last,  was  the  resylt  of 
solemn  deliberation,  sound  wisdom,  and  imperious  necessity. 

Resolved,  that  the  sword,  being  drawn,  should  never  be 
sheathed  till  our  wrongs  are  redressed,  our  commerce  unfetter 
ed,  and  our  citizens  freed  from  the  danger  of  British  impress 
ment,  of  imprisonment  in  the  floating  dungeons  of  the  British 
navy,  and  the  painful  necessity  of  fighting  the  battles  of  an  in 
veterate  enemy,  against  their  fathers,  their  brethren,  their  na 
tive  country,  and  their  friends. 

Resolved,  that  to  exert  all  the  energies  of  his  body  and  of  his 
mind,  and  to  devote  his  property  to  bring  the  existing  war  to  a 
speedy,  just,  and  honourable  issue,  and  to  teach  our  insolent  foe, 
that  the  Americans  are  as  free  from  timidity  and  weakness  in 
battle  as  from  covert  and  disguise  in  negotiating,  is  a  duty 
which  every  citizen  of  the  union  owes  to  himself,  to  his  country, 
and  to  his  God. 

Resolved,  that  with  painful  regret  we  contemplate  the  refusal 
by  the  executive  authorities  of  some  of  the  states  in  the  union, 
to  furnish,  on  the  president's  demand,  their  quota  of  militia  for 
the  defence  of  the  sea-coast,  and  that  with  confidence  we  expect 
from  the  national  legislature  a  prompt  attention  to  this  alarming 
and  unprecedented  occurrence. 

Resolved,  that  the  promptness  and  the  zeal  with  which  the 
governor  of  this  commonwealth  executed  the  military  orders  of 
the  president  since  the  commencement  of  hostilities,  entitle  him 
to  the  gratitude  of  this  general  assembly  of  Pennsylvania,  and 
of  the  nation. 

Resolved,  that  the  governor  of  this  commonwealth  be  in 
structed  to  transmit  a  copy  of  these  resolutions  to  the  president 
of  the  United  States,  with  a  request  that  he  communicate  them 
to  congress. 

JOHN  TOD, 
Speaker  of  the  house  of  Representatives. 

P.  C.  LANE, 

Speaker  of  the  Senate. 

In  Senate,  December  10th,  1812.     Read  and  adopted. 

JOSEPH  A.  M'JIMSEY, 

Clerk  of  Senate. 

In  the  house  of  representatives,  December  16th,  1812.  Read 
and  adopted. 

Attest,  GEORGE  HECKERT, 

Clerk  of  the  house  of  Representatives. 


120}  HISTORICAL  REGISTER.       [12-TH  CONG. 

Message  from  the  President  of  the  United  States,  transmitting  a 
proclamation  of  the  British  governor  of  Bermuda,  providing 
for  the  supply  of  the  British  West  Indies,  by  a  trade  under 
licenses;  accompanied  with  a  circular  instruction,  confining, 
if  practicable,  the  trade  to  the  eastern  ports  of  the  United 
States. 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 

I  lay  before  congress  copies  of  a  proclamation  of  the  British 
lieutenant  governor  of  the  island  of  Bermuda,  which  has  ap 
peared  under  circumstances  leaving  no  doubt  of  its  authenticity. 
It  recites  a  British  order  in  council  of  the  26th  of  October  last, 
providing  for  the  supply  of  the  British  West  Indies  and  other 
colonial  possessions,  by  a  trade  under  special  licenses;  and  is 
accompanied  by  a  circular  instruction  to  the  colonial  governors, 
which  confines  licensed  importations  from  ports  of  the  United 
States,  to  the  ports  of  the  eastern  states  exclusively. 

The  government  of  Great  Britain  had  already  introduced  into 
her  commerce  during  war,  a  system,  which,  at  once  violating 
the  rights  of  other  nations,  and  resting  on  amass  of  forgery  and 
perjury  unknown  to  other  times,  was  making  an  unfortunate 
progress  in  undermining  those  principles  of  morality  and  reli 
gion,  which  are  the  best  foundations  of  national  happiness. 

The  policy  now  proclaimed  to  the  world,  introduces  into  her 
modes  of  warfare,  a  system  equally  distinguished  by  the  defor 
mity  of  its  features,  and  the  depravity  of  its  character ;  having 
for  its  object  to  dissolve  the  ties  of  allegiance  and  the  sentiments 
of  loyalty  in  the  adversary  nation,  and  to  seduce  and  separate 
its  component  parts,  the  one  trom  the  other. 

The  general  tendency  of  these  demoralizing  and  disorganiz 
ing  contrivances,  will  be  reprobated  by  the  civilized  and  chris- 
tian  world ;  and  the  insulting  attempt  on  the  virtue,  the  honour, 
the  patriotism,  and,  the  fidelity  of  our  brethren  of  the  eastern 
states,  will  not  fail  to  call  forth  all  their  indignation  and  resent 
ment  ;  and  to  attach  more  and  more  all  the  states  to  that  happy 
union  and  constitution,  against  which  such  insidious  and  malig 
nant  artifices  are  directed. 

The  better  to  guard,  nevertheless,  against  the  effect  of  indivi 
dual  cupidity  and  treachery,  and  to  turn  the  corrupt  projects  of 
the  enemy  against  himself,  I  recommend  to  the  consideration 
of  congress  the  expediency  of  an  effectual  prohibition  of  any  trade 
whatever,  by  citizens  or  inhabitants  of  the  Uniu-cl  States,  under 
special  licenses,  whether  relating  to  persons  or  ports  ;  and  in  aid 
thereof  a  prohibition  of  all  exportations  from  the  United  States 
in  foreign  bottoms,  few  of  which  are  actually  employed ;  whilst 


2D  SESS.]  STATE  PAPERS.  [121 

multiplying  counterfeits  of  their  flags  and  papers  are  covering 
and  encouraging  the  navigation  of  the  enemy. 

February  ^th,  1813.  JAMES  MADISON. 

[From  the  Bermuda  Gazette  of  January  16.] 

BERMUDA  ALIAS  SOMERS'  ISLANDS. 

By  his  excellency  brigadier  general  George  Horsford,  lieutenant 
governor  and  commander  in  chief)  in  and  over  these  islands* 
&c.  £rc.  fcfc. 

A  PROCLAMATION. 

Whereas  I  have  received  a  copy  of  his  royal  highness  the* 
prince  regent's  order  in  council,  bearing  date  at  the  court  at 
Carlton  house,  the  26th  of  October,  1812,  which  order  is  in  the 
words  following,  viz.  "  Whereas  during  the  late  and  present  war, 
emergencies  have  at  various  times  arisen,  essentially  affecting 
the  necessary  supply  of  the  British  West  India  islands,  and  of 
lands  and  territories  belonging  to  his  majesty  on  the  continent 
of  South  America,  and  it  has  been  found  expedient  and  neces 
sary,  for  the  trade  and  commerce  of  said  islands,  lands,  &c.  and 
for  the  support  of  the  inhabitants  thereof,  further  to  extend,  for 
a  limited  time,  the  importation  into,  and  exportation  from,  the 
said  islands.,  lands,  and  territories;  his  royal  highness  the  prince 
regent,  in  the  name  and  on  the  behalf  of  his  majesty,  is  pleased, 
by  and  with  the  advice  of  his  majesty's  privy  council,  to  autho 
rize  and  empower  the  governor  or  lieutenant  governor  of  any  of 
the  islands  or  territories  in  the  West  Indies  (in  which  descrip 
tion  the  Bahama  islands  and  the  Bermuda  or  Somers'  islands 
are  included),  and  of  any  of  the  lands  or  territories  on  the  conti 
nent  of  South  America,  to  his  majesty  belonging;  and  they  are 
hereby  respectively  authorized  and  empowered  to  permit,  until 
the  30th  day  of  June,  1813,  the  importation  into  the  said  islands, 
lands,  and  territories,  respectively,  of  staves  and  lumber,  horses, 
mules,  asses,  neat  cattle,  sheep,  hogs,  and  every  other  species 
of  live  stock  and  live  provisions,  and  also  of  every  other  kind 
of  provisions  whatsoever  (beef,  pork,  butter,  salted,  dried,  and 
pickled  fish  excepted),  in  any  unarmed  ship  or  vessel  not  belong-  • 
ing  to  France,  or  to  the  subjects  or  inhabitants  thereof,  or  of  any 
port  or  place  annexed  to  the  territories  of  France,  under  the 
license  of  the  said  respective  governor  or  lieutenant  governor, 
which  they  are  hereby  empowered  to  grant  in  his  majesty's  name, 
subject  to  such  instructions  as  his  royal  highness  the  prin-  e  re 
gent,  in  the  name  and  on  the  behalf  of  his  majesty,  shall,  from 
time  to  time,  think  fit  to  issue,  to  be  signified  by  one  of  his  ma 
jesty's  principal  secretaries  of  state ;  and  also  to  permit,  under 
licenses  to  be  granted  as  aforesaid,  the  exportation  from  the  said 

VOL,  i.  Q  <^ 


122]  HISTORICAL  REGISTER.       [ISTH  CONG- 

islands,  lands,  and  territories,  into  whjch  such  importation  as 
aforesaid  shall  be  made,  and  in  the  ships  aforesaid  in  which 
such  importations  shall  have  been  made,  of  rum  and  molasses, 
and  of  any  other  goods  and  commodities  whatsoever,  except 
sugar,  indigo,  cotton  wool,  coffee,  and  cocoa :  Provided,  that 
such  ships  or  vessels  shall  duly  enter  into,  report,  and  deliver 
their  respective  cargoes,  and  reload  at  such  ports  only  where 
regular  custom  houses  shall  have  been  established.     But  it  is 
his  royal  highness'  pleasure,  nevertheless,  and  his  royal  high 
ness,  'in  the  name  and  on  behalf  of  his  majesty,  and  by  and 
with  the  advice  aforesaid,  is  pleased  to  order,  and  it  is  hereby 
ordered,  that  nothing  herein  before  contained  shall  be  con 
strued  to  permit  the  importation  of  staves,  lumber,  horses, 
mules,  asses,  neat  cattle,  sheep,  hogs,  poultry,  live  stock,  live 
provisions,  or  any  kind  of  provisions  whatever,  as  aforesaid, 
into  any  of  the  said  islands,  lands,  or  territories  in  which  there 
shall  not  be,  at  the  time  when  such  articles  shall  be  brought  for 
importation,  the  following  duties  on  such  articles  of  the  growth 
or  produce  of  the  United  States  of  America,  namely : 
On  wheat  flour,  per  barrel,  not  weighing  more  than 

one  hundred  and  ninety-six  pounds,  neat  weight,  £  O     5     8 
On  bread  or  biscuit  of  wheat  flour,  or  any  other  grain, 
per  barrel,  not  exceeding  more  than  one  hundred 
pounds  weight,      -  O     3     4 

On  bread,  for   every    hundred  pounds,  made  from 
wheat,  .or  any  other  grain  whatever,  imported  in 
bags  or  other  packages  than  barrels,  weighing  as 
aforesaid,         -  -         -         -         -         -     O     3     4 

On  flour  or  meal  made  from  rye,  peas,  beans,  Indian 

corn,  or  other  grain   than  wheat,  per  barrel,  not 

weighing  more  than  one  hundred  and  ninety-six 

pounds,  -        O     3     4 

On  peas,  beans,  rye,  Indian  corn,  callivances,  or  other 

grain,  per  bushel,  -     0     0  10 

On  rice,  for  every  one  hundred  pounds,  neat  weight, 

and  so  in  proportion  for  a  less  or  larger  quantity,     034 
On  shingles  called  Boston  chips,  not  more  than  twelve 

inches  in  length,  per  thousand,  -         O     3     4 

On  shingles  being  more  than  twelve  inches  in  length, 

per  thousand,  068 

For  every  twelve  hundred,  commonly  called  one  thou 
sand,  red  oak  staves,  -       1     O     O 
For  every  t\velve  hundred,  commonly  called  one  thou 
sand,  white  oak  staves,  and  for  every  one  thousand 
pieces  of  heading,                                        *  -    O  15    O 


QD«ESS.]  STATE   PAPERS.  [123 

For  every  one  thousand  feet  of  white  or  yellow  pine 

lumber,  of  all  descriptions,     -  O  10     O 

For  every  thousand  feet  of  pitch  pine  lumber,  0  15     O 

For  all  other  kinds  of  wood  or  timber,  not  before 

enumerated,         •  O  15     O 

For  every  thousand  wood  hoops,  O    5     O 

And  in  proportion  for  a  less  or  larger  quantity  of  all 

and  every  of  the  articles  enumerated. 
Horses,  neat  cattle,  and  other  live  stock,  for  every 
hundred  pounds  of  the  value  thereof  at  the  port  or 
at  the  place  of  importation,          -  1O     O     O 

And  whereas,  I  have  deemed  it  expedient  and  necessary 
to  make  known  and  publish  the  same  within  this  his  majesty's 
government :  I  do  therefore  issue  this  my  proclamation,  to  the 
end  that  all  persons  whom  it  doth  or  may  concern,  being  duly 
apprised  thereof,  may  govern  themselves  accordingly. 

Given  under  my  hand,  and  the  great  seal  of  the  islands,  this 
14th  day  of  January,  1813,  and  in  the  53d  year  of  his  ma 
jesty's  reign. 

GEORGE  HORSFORD. 
By  his  excellency's  command, 
ROBERT  KENNEDY. 

God  save  the  king. 

(Circular.) 

Sir,  Downing- Street,  November  9,  1812. 

I  have  the  honour  of  inclosing  an  order  of  council,  which  it 
has  been  judged  expedient  to  issue,  in  consequence  of  the  exist 
ing  hostilities  between  his  majesty  and  the  United  States  of 
America.  By  this  order  you  are  authorized  to  grant  licenses 
for  importation  of  certain  articles  enumerated  in  the  order,  and 
for  the  exportation  of  certain  articles  in  the  same  order,  in  the 
ships  in  which  the  importation  shall  be  made. 

This  intercourse  is  to  be  subject  to  the  condition  stated  in  the 
order,  and  such  instructions  as  you  may  from  time  to  time  re 
ceive  from  one  of  his  majesty's  principal  secretaries  of  state.  I 
am  commanded  by  his  royal  highness  the  prince  regent  to  sig 
nify  to  you,  that  in  granting  the  licenses  for  importation  of  the 
above  enumerated  articles,  you  take  care  that  the  articles,  so  to 
be  imported,  be  severally  enumerated  in  the  body  of  the  li 
cense  ;  that  the  port  or  place  from  whence  the  importation  is  to 
be  made,  and  the  port  to  which  the  vessel  is  bound,  is  also  to 
be  inserted  in  the  body  of  the  license. 

That  if  the  person  applying  for  the  license  shall  not  be  able  to 
state  the  name  of  the  vessel  on  board  of  which  the  proposed  im- 


124]  HISTORICAL  REGISTER.        [ISTH  CONG. 

portation  is  to  be  made,  the  condition  of  the  license  should  be, 
that  the  name  of  the  vessel,  the  name  of  the  master,  the  tonnage, 
and  her  national  character,  be  endorsed  on  the  license  on  quit 
ting  her  port  of  clearance,  and  that  the  condition  of  her  license 
should  also  be,  that  she  proceed  direct  to  the  port  of  her  destina 
tion. 

Although  the  order  in  council  authorizes  you  to  permit  the 
importations  of  the  enumerated  articles  in  any  vessels  not  French, 
you  will  not  grant  these  licenses  to  any  except  to  vessels  in 
amity  with  his  majesty,  unless  you  are  convinced  that  the  island 
will  be  exposed  to  serious  embarrassments  by  so  confining  the 
importation  in  question. 

Whatever  importations  are  proposed  to  be  made  under  the 
order,  from  the  United  States  of  America,  should  be  by  your 
licenses  confined  to  the  ports  in  the  EASTERN  STATES  EXCLU 
SIVELY,  unless  you  have  reason  to  suppose  that  the  object  of 
the  order,  would  not  be  fulfilled  if  licenses  are  not  also  granted 
for  the  importations  from  the  other  ports  in  the  United  States. 

With  respect  to  the  licenses  for  exportation  on  board  the  ves 
sels  in  which  an  importation  shall  have  been  previously  made, 
you  will  observe  that  the  order  does  not  require  that  the  port  of 
destination  in  such  case  shall  be  the  same  as  that  from  whence 
the  importation  had  been  made,  but  you  w^ill  take  care  that  in  the 
body  of  the  license  be  inserted  the  name  of  the  vessel^  her  tonnage, 
the  name  of  the  master,  and  the  national  character,  the  port  of 
clearance,  and  the  port  of  destination  ;  and  that  th£  cargo  be  de 
scribed  in  the  body  of  the  license,  according  to  the  words  of  the 
order,  viz.  rum,  molasses,  or  any  other  goods  and  commodities 
whatsoever,  except  sugar,  indigo,  cotton,  wool,  coffee,  and  cocoa. 

You  will  take  care  that  the  term  of  the  import  license  does 
not  exceed  the  term  of  the  order  on  which  it  is  granted,  and  that 
you  do  not  issue  any  license  for  exportation  under  this  order, 
after  that  period. 

The  fee  payable  for  each  license  is  not  in  any  case  |o  exceed 
the  sum  of  one  pound  one  shilling. 
I  have  the  honour  to  be,  sir, 

Your  most  obedient  humble  servant. 

(Signed)  

To  Lt.  Col.  Governor  Harcourt,  &c.  &c. 


Message  from  the  president  of  the  United  States,  transmitting  a 
correspondence  relative  to  the  repeal  of  tlie  Berlin  and  Milan 
decrees  ;  and  touching  the  relations  between  the  United  States  and 
France^  in  jmrsu&nce  of  a  resolution  of  the  first  of  March)  1813. 


SD-SESS.]  STATE  PAPERS.  [125 

To  the  house  of  representatives  of  the  United  States. 

I  transmit  to  the  house  of  representatives  a  report  of  the 
secretary  of  state,  complying  with  their  resolution  of  the  1st 
instant. 

March  3,  1813.  JAMES  MADISON. 

The  secretary  of  state,  to  whom  was  referred  the  resolution 
of  the  house  of  representatives  of  the  1st  instant,  has  the  honour 
to  submit  to  the  president  the  enclosed  papers  marked  A  and  B. 

All  which  is  respectfully  submitted. 

JAMES  MONROE. 

Department  of  State,  March  3,  1813. 

(A.) 

Extract  of  a  letter  from  Joel  Barlow,  esq.  to  the  Secretary  of 

State,  dated 

Paris,  May  2,  1812. 

I  have  the  honour  to  enclose  herewith  the  copy  of  my  note 
of  yesterday  to  the  duke  of  Bassano.  The  importance  of  the 
objects,  and  the  urgency  of  the  occasion,  I  hope  will  justify  the 
solicitude  with  which  I  have  pressed  the  propositions. 

The  result,  as  far  as  it  may  be  known  within  a  few  days,  shall 
be  transmitted  by  the  Wasp.  The  Hornet  sailed  from  Cher- 
bouigh  the  26th  of  April,  with  orders  to  land  a  messenger  in 
England  with  my  despatches  for  Mr.  Russell,  but  not  to  wait 
a  return  from  London. 

(Enclosed  in  Mr.  Barlow's  letter  of  May  2,  1812,  to  the  Secre 
tary  of  State.) 

Extract   of  a  letter  from  Joel  Barlow,    esq.   to  the  duke  of 
Bassano,  dated 

Paris,  May  1,  1812. 

In  the  note  I  had  the  honour  to  address  to  your  excellency 
on  the  10th  of  November  last,  the  spir|f  of  the  English  govern 
ment  was  so  far  noticed  as  to  anticipate  the  fact  now  proved  by 
experience,  that  its  orders  in  council,  violating  the  rights  of 
neutrals,  would  not  be  revoked.  The  declaration  of  the  prince 
regent  of  the  21st  of  April,  has  placed  that  fact  beyond  all 
question.  In  doing  this  he  has  repeated  the  assertion  so  often 
"advanced  by  his  ministers  and  judges,  that  the  decrees  of  France 
of  a  similar  character  are  likewise  unrevoked. 

You  will  notice  that  he  finds  a  new  argument  for  this  conclu 
sion  in  your  excellency's  late  report  to  the  emperor  concerning 
neutral  rights,  in  which  you  avoid  taking  notice  of  any  repeal  or 
'modification  of  these  decrees,  or  of  their  non-application  to  the 


126}  HISTORICAL  REGISTER.         t12TH  CONG. 

United  States.  We  know  indeed  that  they  do  not  apply  to  the 
United  States,  because  we  do  not  suffer  our  flag  to  be  denation 
alized  in  the  manner  evidently  contemplated  by  the  emperor  in 
the  rule  he  meant  to  establish.  But  it  would  have  been  well 
if  your  excellency  had  noticed  their  non-application  to  the  Uni 
ted  States,  since  his  majesty  has  uniformly  done  it  in  his  deci 
sions  of  prize  causes  since  November,  1810. 

It  is  much  to  be  desired  that  the  French  government  would 
now  make  and  publish  an  authentic  act,  declaring  the  Berlin 
and  Milan  decrees,  as  relative  to  the  United  States,  to  have 
ceased  in  November,  1810,  declaring  that  they  have  not  been 
applied  in  any  instance  since  that  time,  and  that  they  shall  not 
be  so  applied  in  future. 

The  case  is  so  simple,  the  demand  so  just,  and  the  necessity 
so  urgent,  that  I  cannot  withhold  my  confidence  in  the  prompt 
and  complete  success  of  my  proposition. 

Extract  of  a  letter  from  Mr.  Barlow  to  Mr.  Monroe,  dated 

Paris,  May  12,  1812. 

After  the  date  of  my  letter,  of  which  I  have  the  honour  to 
enclose  you  a  copy,  I  found,  from  a  pretty  sharp  conversation 
with  the  duke  of  Bassano,  that  there  was  a  singular  reluctance 
to  answering  my  note  of  the  first  of  May.  Some  traces  of  that 
reluctance  you  will  perceive  in  the  answer  which  finally  came, 
of  which  a  copy  is  here  enclosed.  This,  though  dated  the  10th, 
did  not  come  to  me  till  last  evening.  I  consider  the  commu 
nication  to  be  so  important  in  the  present  crisis  of  our  affairs 
with  England,  that  I  despatch  the  Wasp  immediately  to  carry 
it  to  Mr.  Russell,  with  orders  to  return  with  his  answer  as  soon 
as  possible. 

I  am  confident  that  the  president  will  approve  the  motive  of 
my  solicitude  in  this  affair,  and  the  earnest  manner  in  which  I 
pressed  the  minister  with  it  as  soon  as  my  knowledge  of  the 
declaration  of  the  princ^  regent  enabled  me  to  use  the  argument 
that  belonged  to  the  subject.  When,  in  the  conversation  above 
alluded  to,  the  duke  first  produced  to  me  the  decree  of  the  28th 
of  April,  1811,  I  made  no  comment  on  the  strange  manner  in 
which  it  had  been  so  long  concealed  from  me,  and  probably 
from  you.  I  only  asked  him  if  that  decree  had  been  published. 
He  said  no,  but  declared  it  had  been  communicated  to  my  pre 
decessor  here,  and  likewise  sent  to  Mr.  Serrurier  with  orders  to 
communicate  it  to  you.  I  assured  him  it  was  not  among  the 
archives  of  this  legation ;  that  I  never  before  had  heard  of  it ; 
and  since  he  had  consented  to  answer  my  note  I  desired  him  to, 
send  me,  in  that  official  manner,  a  copy  of  that  decree,  and  of 


SB  SESS.]  STATE  PAPERS.  [127  • 

any  other  documents  that  might  prove  to  the  Incredulous  of  my 
country  (not  to  me)  that  the  decrees  of  Berlin  and  Milan  were 
in  good  fkith  and  unconditionally  repealed  with  regard  to  the 
United  States.  He  then  promised  me  he  would  do  it,  and  he 
has  performed  his  promise. 

I  send  you  a  copy  of  the  April  decree,  as  likewise  of  the  let 
ter  of  the  grand  judge  and  that  of  the  minister  of  finances, 
though  the  two  latter  pieces  have  been  before  communicated 
to  our  government  and  published. 

[Translation.] 

The  duke  of  Bassano  to  Mr.  Barlow. 
Sir,  Paris,  May  10,  1812. 

In  conversing  with  you  about  the  note  which  you  did  me  the 
honour  to  address  to  me  on  the  1st  of  May,  I  could  not  conceal 
from  you  my  surprise  at  the  doubt  which  you  had  expressed  in 
that  note,  respecting  the  revocation  of  the  decrees  of  Berlin  and 
Milan.  That  revocation  was  proven  by  many  official  acts,  by 
all  my  correspondence  with  your  predecessors,  and  with  you, 
by  the  decisions  in  favour  of  American  vessels.  You  have  done 
me  the  honour  to  ask  a  copy  of  the  letters  which  the  grand 
judge  and  the  minister  of  the  finances  wrote  on  the  25th  of 
December,  1810,  to  secure  the  first  effects  of  that  measure,  and 
you  have  said,  sir,  that  the  decree  of  the  28th  of  April,  1811, 
which  proves  definitively  the  revocation  of  the  decrees  of  Berlin 
and  Milan,  in  regard  to  the  Americans,  was  not  known  to  you. 

I  have  the  honour  to  send  you,  as  you  have  desired,  a  copy  of 
these  three  acts :  you  will  consider  them  without  doubt,  sir,  as 
the  plainest  answer  which  I  could  give  to  this  part  of  your  note. 

As  to  the  two  other  questions  to  which  that  note  relates,  I 
will  take  care  to  lay  them  before  the  emperof.  You  know  al 
ready,  sir,  the  sentiments  which  his  majesty  has  expressed  in 
favour  of  American  commerce,  and  the  good  dispositions  which 
have  induced  him  to  appoint  a  plenipotentiary  to  treat  with  you 
on  that  important  interest. 

Accept,  sir,  &c. 

(Signed)  THE  DUKE  OF  BASSANO. 

Joel  Barloiv,  esa.  &c.  &c. 

[Translation.] 

Palace  of  St.  Cloudy  Ajiril  28,  181 1. 

Napoleon^  Einfieror  of  the  French.  £3V.  &c. 
On  the  report  of  our  minister  of  foreign  relations  : 
Seeing  by  a  law  passed  on  the  2d  of  March,  1811,  the  con 
gress  of  the  United  States  has  ordered  the  execution  of  the 


128]  HISTORICAL  REGISTER.      [12TH  CONG* 

provisions  of  the  act  of  non-intereourse,  which  prohibits  the 
vessels  and  merchandise  of  Great  Britain,  her  colonies  and  de 
pendencies,  from  entering  into  the  ports  of  the  United  States : 

Considering  that  the  said  law  is  an  act  of  resistance  to  the 
arbitrary  pretensions  consecrated  by  the  British  orders  in  coun 
cil,  and  a  formal  refusal  to  adhere  to  a  system  invading  the 
independence  of  neutral  powers,  and  of  their  flag,  we  have  de 
creed,  and  do  decree  as  follows  : 

The  decrees  of  Berlin  and  Milan  are  definitively,  and  to  date 
from  the  1st  day  of  November  last,  considered  as  not  having 
existed  (non  avenus)  in  regard  to  American  vessels. 

(Signed)  NAPOLEON. 

By  the  emperor. 
The  Minist-r  Secretary  o/ft State. 

(Signed)  THE  COUNT  DARA. 

B. 

Extract  of  a  letter  from  Mr.  Barlow  to  the  Duke  of'Bassano, 

dated 
Sir,  Paris,  October  25,  1812. 

In  consequence  of  the  letter  you  did  me  the  honour  to  write 
me  on  the  1 1th  of  this  month,  I  accept  your  invitation,  and  leave 
Paris  to-morrow  for  Wilna,  where  I  hope  to  arrive  in  15  or  18 
days  from  this  date.  My  secretary  of  legation  and  one  servant 
will  compose  all  my  suite.  I  mention  this  to  answer  to  your 
extreme  goodness  in  asking  the  question,  and  your  kind  offer  of 
finding  me  a  convenient  lodging.  I  hope  the  trouble  you  will 
give  yourself  in  this  will  be  as  little  as  possible. 

The  negotiation  on  which  you  have  done  me  the  honour  to 
invite  me  at  Wilna  is  so  completely  prepared  in  all  its  parts  be 
tween  the  duke  of  Dalberg  and  myself,  and,  as  I  understand, 
sent  on  to  you  for  your  approbation  about  the  18th  of  the  pre 
sent  month,  that  I  am  persuaded,  if  it  could  have  arrived  be 
fore  the  date  of  your  letter,  the  necessity  of  this  meeting  would 
not  have  existed,  as  I  am  confident  that  his  majesty  would  have 
found  the  project  reasonable  and  acceptable  in  all  its  parts,  and 
would  have  ordered  that  minister  to  conclude  and  sign  both 
the  treaty  of  commerce  and  the  convention  of  indemnities. 

[Translation.] 

The  Duke  of  Bassano  to  Mr.  Barlotv. 
Sir,  Wilna,  October  11,  1812. 

I  have  had  the  honor  to  make  known  to  you  how  much  I 
regretted,  in  the  negotiation  commenced  between  the  United 
States  and  France,  the  delays  which  inevitably  attend  a  corres- 


2D  SESS.]  STATE  PAPERS.  [129 

pondence  carried  on  at  so  great  a  distance.  Your  government 
has  desired  to  see  the  epoch  of  this  arrangement  draw  near. 
His  majesty  is  animated  by  the  same  dispositions,  and  willing 
to  assure  to  the  negotiation  a  result  the  most  prompt,  he  has 
thought  that  it  would  be  expedient  to  suppress  the  intermedia 
ries  and  to  transfer  the  conference  to  Wilna.  His  majesty  has 
in  consequence  authorised  me,  sir,  to  treat  directly  with  you  if 
you  will  come  to  this  town.  I  dare  hope  that,  with  the  desire 
which  animates  us  both  to  conciliate  such  important  interests, 
we  will  immediately  be  enabled  to  remove  all  the  difficulties 
which  until  now  have  appeared  to  impede  the  progress  of  the 
negotiation. 

I  have  apprised  the  duke  of  Dalberg  that  his  mission  was 
thus  terminated,  and  I  have  laid  before  his  majesty  the  actual 
state  of  the  negotiation,  to  the  end  that  when  you  arrive  at 
Wilna  the  different  questions  being  already  illustrated  (eclair- 
ties}  either  by  your  judicious  observations  or  by  the  instructions 
I  shall  have  received,  we  may,  sir,  conclude  without  delay  an 
arrangement  so  desirable  and  so  conformable  to  the  mutually 
amicable  views  of  our  two  governments. 

Accept,  sir,  &c. 

(Signed)  THE  DUKE  OF  BASSANO. 

Mr.  Barlow  to  the  Secretary  of  State. 
Sir,  'Paris,  Oct.  25,  1812. 

By  the  letters  from  the  duke  of  Bassano  and  my  answer, 
copies  of  which  are  herewith  enclosed,  you  will  learn  that  lam 
invited  to  go  to  Wilna,  and  that  I  have  accepted  the  invitation. 
Though  the  proposal  was  totally  unexpected,  and  on  many  ac 
counts  disagreeable,  it  was  impossible  to  refuse  i:  without  giving 
offence,  or  at  least  risking  a  postponement  of  a  negotiation  which 
I  have  reason  to  believe  is  now  in  a  fair  way  to  a  speedy  and 
advantageous  close. 

From  the  circumstances  which  have  preceded  and  which  ac 
company  this  proposition,  I  am  induced  to  believe  that  it  is 
made  with  a  view  of  expediting  the  business.  There  may 
indeed  be  an  intention  of  coupling  it  with  other  views  not  yet 
brought  forward.  If  so,  and  they  should  extend  to  objects 
beyond  the  simplicity  of  our  commercial  interests  and  the 
indemnities  which  we  claim,  I  shall  not  be  at  a  loss  how  to  an 
swer  them. 

I  shall  have  the  honour  to  write  you  as  soon  as  possible  from 
Wilna,  and  shall  return  to  Paris  without  any  unnecessary  delay. 

J  remain,  &c.  (Signed)  J.  BARLOW. 

Honourable  James  Monroe^  &c. 
8    VOL.  i.  R  ?, 


130]  HISTORICAL  REGISTER.      [12iii  CONG. 

Letter  from  the  Secretary  of  the  Treasury,  transmitting  his  annual 
refiort  on  the  state  of  the  finances  ;  in  obedience  to  the  act  to  esta 
blish  the  Treasury  Department. 

Sir,  Treasury  Department,  December  4th,  1812. 

I  have  the  honour  to  enclose  a  report  prepared  in  obedience 
to  the  act,  entitled  4<  An  act  to  establish  the  Treasury  Depart 
ment." 

I  have  the  honour  to  be,  very  respectfully,  sir,  your  obedient 
servant, 

ALBERT  GALLATIN. 

The  Honourable  the  Sjieaker 

of  the  House  of  Representatives. 

In  obedience  to  the  directions  of  the  "  Act  supplementary  to 
the  act,  entitled  '  An  act  to  establish  the  Treasury  Depart 
ment,"  the  Secretary  of  the  Treasury  respectfully  submits  the 
following 

REPORT  AND  ESTIMATES. 

1.  To  the  end  of  the  year  1812. 

The  actual  receipts  into  the  Treasury,  during  the  year  ending  on 
the  30th  of  September,   1812,  have  consisted  of  the  fol 
lowing  sums,  viz. : 

Customs,  sales  of  lands,  arrears,  repay 
ments,  and  all  other  branches  of  reve 
nue,  amounting  together,  as  will  appear 
more  in  detail  by  the  statement  (E)  to  g  10,934,946  9© 

On  account  of  the  loan  of  eleven  millions 
of  dollars  authorised  by  the  act  of 
March  14,  1812,  -  5,847,212  5O 


Total  amount  of  receipts  -     g  16,782,159  40 

Making,  together  with  the  balance  in  the 

Treasury,  on  the  1st  of  October,  1811, 

and  amounting  to  -     g  3,947,818  36 

An  aggregate  of  g  20,729,977  76 

The   disbursements  during  the   same  year  have  been  as  followeth^ 

•viz. : 

Civil  department,  including  miscellaneous 
expenses,  and  those  incident  to  the  in 
tercourse  of  foreign  nations,  -  $  1,823,069  35 

Army,  militia,  volunteers,  for- 


2D  SESS.J 


STATE  PAPERS. 


tifications,  arms,  and  arsenals,  g  7,77O,30O 
Navy  department,  3,107,501   54 

Indian  department,  230,975 


Interest  on  the  public  debt,  2,498,013   19 

On  account  of  the  principal  of  do.  2,938,465  99 

Amounting  together,  as  will  ap 
pear  more  in  detail  by  the 
statement  (E),  to 

And  leaving  in  the  treasury,  on 
the  30th  of  September,  1812, 
a  balance  of 


[131 


11,108,776  54 


5,436,479  18 


18,368,325  07 


2,361,652  69 


g  20,729,977  76 

The  statement  (Ee)  exhibits  in  detail  the  payments  made  by 
the  treasury  department  for  the  several  branches  of  the  military 
and  naval  expenditure,  during  the  same  year  (from  1st  October, 
1811,  to  30th  September,  1812)  ;  and  also  during  the  two  last 
two  months  (October  and  November,  1812).  The  receipts  for 
the  last  quarter  of  the  year  1812,  on  account  of  both  revenue  and 
loans,  are  estimated  at  9,000,000  dollars ;  and  the  expenditures 
(including  about  1,500,000  dollars  on  account  of  the  principal 
of  the  public  debt,  and  1,000,000  for  the  militia)  at  nearly  the 
same  sum. 

The  sums  obtained  or  secured 
on    loan    during    this    year, 
amount,  so  far  as  has  been  as 
certained  at  the  treasury  to[r/]  g  13,100,200 
Of  which  there   was   received 
prior  to  1st  October,  1812,  as 
above  stated,                   .         g  5,847,212  50 
Received  or  to  be  received  prior 

to  1st  January,  1813,  6,202,987  50 

To  be  received  in  January  and 

February,  1813,  -       1,050,000 

13,100,200 

This  sum  was  obtained  on  the  following  terms,  viz. : 
For  six  per  cent,  stock  irredeem 
able  till  1st  January,  1825, 
and  afterwards  redeemable  at 
the  pleasure  of  the  United 
States,  $  7,415,200 

[a]  The.  amount  was  stated  in  the  president's  message  at  the  commence 
ment  of  the  session  at  eleven  millions  of  dollars.  The  other  two  millions 
have  been  contracted  for  subsequent  to  its  date, 


132]  HISTORICAL  REGISTER.        [ISTH  COMG- 

On  temporary  loans  at  the  rate 
of  six  per  cent,  a  year,  and  re- 
imburseable  as  followeth,  viz  : 
In  1813,  g  1,350,000 

1814,  750000 

1817,  -  ,50,000 

_-  2,150,000 

For  treasury  notes,  bearing  an 
annual  interest  of  5f  percent, 
and  reimburseable  one  year 
afterdate,  3,535,000 

g  13,100,200 

From  the  present  demand,  it  appears  probable  that  the  resi 
due  of  the  treasury  notes,  authorized  by  the  act  of  the  30th  June 
last,  and  amounting  to  $  1,465,000,  will  be  disposed  of  prior  to 
the  1st  of  March  next. 

It  may  be  proper  also  to  state,  that  notwithstanding  the  addi 
tion  thus  made  to  the  public  debt,  and  although  a  considerable 
portion  has  been  remitted  from  England  and  brought  to  market 
in  America,  the  public  stocks,  which  had  at  first  experienced  a 
slight  depression,  have  been  for  the  last  three  months  and  con 
tinue  to  be  at  par. 

II.    Year   1813. 

The  net  revenue  arising  from  duties  on  merchandize  and  ton 
nage,  which  accrued  during  the  year  1810,  amounted  to 

S  12,513  490 

The  net  revenue  arising  from  the  same  sources,  which  accrued 
during  the  year,  1811,  amounted,  as  will  appear  by  the  estimates 
(A)  and  (B),  to  %  7,902,560 

The  same  revenue  for  the  year  1812  is  estimated  at 

g  12,500,000 

Of  which  sum,  about  5,500,000  arise  from  duties  on  the  late 
importations  from  Great  Britain. 

The  custom-house  bonds  outstanding  on  the  1st  day  of  Janu 
ary,  1813,  and  falling  due  in  that  year,  are  estimated,  after  de 
ducting  bad  debts,  at  11,250,000  dollars:  and  it  is  believed  that 
the  probable  amount  of  receipts  from  that  source  into  the  trea 
sury,  during  the  year  1813,  may  be  safely  estimated  at  1 1,500,000 
dollars. 

The  sales  of  public  lands  north  of  the  river  Ohio,  during  the 
year  <-ndmg  on  the  30ih  September,  1811,  and  after  deducting 
the  lands  which  have  reverted  to  the  U.  States,  have  amounted, 
as  appears  by  the  statement  (C),  to  390,000  acres ;  and  the 
payments  by  purchasers  to  790,000  dollars.  The  Indian  war  mny 


2n  SESS.] 


STATE  PAPERS. 


[133 


affect  the  sales,  and  perhaps,  to  a  certain  extent,  the  amount  of 
payments.  It  is,  however,  believed  that  that  branch  of  revenue 
may,  together  with  some  other  small  items,  be  estimated  for 
the  ensuing  year  at  500,000  dollars  :  making  the  whole  amount 
of  probable  receipts  into  the  treasury  for  the  year  1813  (exclu 
sively  of  loans)  -  jg  12,000,000 

The  expenditures  for  that  year  are  estimated  asfottoiveth,  -viz. 

1.  Expenses  of  a  civil  nature, 

both  foreign  and  domestic,  -      $  1,500,000 

2.  Public  debt,  viz.: 
Interest,  including  that  on  new 

loans  of  the  years   1812  and 
1813,  g  3,300,000 

Reimbursement  of  six  per  cent, 
and  deferred  stocks,  and  of 
temporary  loans,  and  treasury- 
notes,  falling  due  in  1813,  and 
estimated  amount  of  purcha 
ses  of  stock,  -  -  5,200,000 


3.   Military  establishment: 

The  estimates  of  the  secretary  of  war 
are,  with  respect  to  the  army,  predicated 
on  the  employment  of  the  whole  force  au 
thorised  by  law,  and  amounting  to  36,70O 
men  of  every  description.  Adding  to  this 
the  expense  incident  to  the  service  of  vol 
unteers  and  militia,  and  also  the  increase 
of  pay  of  the  army,  the  appropriation  for 
arming  the  militia,  and  400,000  dollars  of 
the  unexpended  balance  for  fortifications, 
the  whole  contemplated  expense  may  be 
estimated  as  follows : 
Army — Pay,  subsistence,  boun 
ties,  clothing,  and  hos 
pitals,  g  9,350,000 
Ordnance  and  armories,  1,850,000 
Quarter     Master's    de 
partment  and  contin 
gencies,                   -      2,5OO,OOO 
Fortifications,  900,000 
Arming  the  militia,            200,000 
Volunteers,  and   militia 

in  actual  service,         2,000,000 
Indian  department,  200,000 


8,500,000 


17,000,000 


134]  HISTORICAL  REGISTER.      [12TH  CONG, 

4.  Naval  establishment : 

The  estimates  of  the  secretary  of  the 
navy  are  predicated  on  the  employment  of 
the  following  force,  viz. : 
Commissioned  and  warrant  of 
ficers,  871 
Petty  officers,  seamen,  and  boys, 
viz.: 

For  nine  frigates  and  nine 

smaller  vessels,         -  3,620 

For  200  gun   boats    and 

other  vessels,     -  7,OOO 

Marines,  including  officers,       -       1,869 

Total,    13,360 
Arid  the  expense  is  estimated  as  followeth, 

viz. : 

Pay,  provisions,  and  medicine,  $  3,290,000 
Ordnance,  100,000 

Repairs,   contingencies,   and"] 

navy    yards,    adding    the'. 

annual     appropriation     of  f  M-^UL 

200,000  dollars  for  timberj 
Marine  corps,  410,000 

4,925,000 


Amounting  altogether  to,  -     $  31,925,000 

The  receipts  on  account  of  the 
revenue  having  been  estima 
ted  at  12,000,000 


Leaves  a  balance  to  be  provided 

for  by  loans  of  g  19,925,000 

Of  this  sum  more  than  one  million  is  already  contracted  for, 
and  there  remains  on  hand  a  balance  of  about  a  million  and  a 
half  in  treasury  notes,  not  yet  disposed  of.  An  authority  to  is 
sue  new  notes  for  about  two  millions  and  a  half  more,  being  the 
amount  reimburseable  in  1813,  will  still  keep  the  whole  amount 
issued  at  five  millions,  and  reduce  the  amount  of  the  loan  to 
about  fifteen  millions  of  dollars. 

In  order  to  facilitate  the  loan,  and  perhaps  to  improve  its 
terms,  it  may  however  be  eligible  to  leave  some  discretion  in 
the  executive  as  to  the  respective  amounts  of  stock  and  notes  to 
be  issued  ;  which  may  be  advantageously  varied  according  to 
circumstances,  without  increasing  the  aggregate  of  both. 


2o  SESS.]  STATE  PAPERS.  [13o 

The  preceding  estimates  do  not  embrace  the  expense  incident 
to  the  proposed  increase  of  the  navy,  nor  any  other  expenditure 
not  yet  authorised  by  law.  In  order  to  meet  any  new  expense 
which  may  thus  be  authorised  by  congress,  it  will  therefore  be 
necessary  to  increase  the  loan  to  a  corresponding  amount. 

The  sums  received  or  to  be  received  on  loan,  during  the  ca 
lendar  year  1812,  have  been  stated  (so  far  as  ascertained  on  the 
1st  of  December  at  the  treasury)  at       -       -      $  12,950,200 
The  payments  on  account  of  the  principal  of  the 

debt  during  the  same  year,  though   not  yet 

precisely  ascertained,  may  be  estimated  at          2,350,200 

Making  the  actual  increase  of  debt  during  that 

year  $10,600,000 

It  appears,  according  to  the  preceding  estimate,  that  the  whole 
sum  to  be  borrowed  during  the  year  1813  will  amount  to  about 
twenty  millions  of  dollars  ;  and  that  the  payments  on  account  of 
the  principal  of  the  public  debt  will  exceed  five  millions,  making 
the  actual  increase  of  debt  during  that  year  $15,000,000 

Of  the  revenue  which  will  accrue  during  the  year  1813,  and 
on  which  the  receipts  of  the  year  1814  will  principally  depend, 
it  is  not  practicable  at  this  moment  to  form  a  correct  estimate. 
So  far  as  may  be  inferred  from  the  experience  of  the  short  pe 
riod  which  has  elapsed  since  the  declaration  of  war,  it  is  not 
probable  that  the  revenue  derived  from  customs  will  exceed 
the  amount  of  $5,000,000,  at  which  it  had  been  estimated  in  a 
former  communication.  The  duties  accrued  or  which  will  ac 
crue  during  the  last  six  months  of  this  year,  after  deducting 
drawbacks  and  expenses  of  collection,  are  estimated  at  less  than 
$9,000,000.  Which,  deducting  about  5,500,000  dollars  on  ac 
count  of  duties  on  the  late  importations  from  Great  Britain, 
and  one  million  for  the  duties  on  importations  from  Calcutta 
and  China,  would  not  leave  more  than  2,500,000  dollars  for 
the  ordinary  revenue  on  those  branches  of  commerce  which  are 
permitted  by  law,  and  from  which  the  TJnited  States  will  not  be 
.nearly  excluded  by  the  war. 

All  which  is  respectfully  submitted. 

ALBERT  GALLATIN, 

Treasury  Department ,  December  1st,  1812. 


136]  HISTORICAL  REGISTER. 

A. 

A  statement  exhibiting  the  Amount  of  Duties  which  accrued 
on  Merchandise,  Tonnage,  Passports,  and  Clearances,  of 
Debentures  issued  on  the  Exportation  of  Foreign  Merchan 
dise,  of  Payments  for  Bounties  and  Allowances,  and  for  Ex 
penses  of  Collection,  during  the  years  1810  and  1811. 

1810.  1811. 

Duties  on  merchandise                16,601,711   71  10,427,41221 

tonnage                               169,161   24  124,363  3O 

passports  and  clearances   23,428  00  19,737  7O 

Debentures  issued  3,839,160  00       2,227,245  OO 

Bounties  and  allowances  2,268  05  784  13 

Gross  revenues  12,952,872  90  (a)  8,343,484  08 

Expenses  on  collection  439,382  87          440,924  46 

Net  revenue  12,513,490  03       7,902,559  62 

(a)  Gross  revenue  for  the  year  1811,  8,343,484  08 

Deduct  interest  and  storage,  19,026  6O 

Gross  revenue  per  statement  (B.)  8,324,457,  48 

A  statement  of  the  Amount  of  American  and  Foreign  Tonnage 
employed  in  Foreign  Trade  for  the  year  1811,  as  taken  from 
the  Records  of  the  Treasury. 

American  tonnage  in  foreign  trade,  Tons,  948,247 

Foreign  tonnage,  33,203 

Total  in  the  foreign  trade  of  the  United  States,  981,450 

Proportion  of  foreign  tonnage  to  the  whole  amount  of 
tonnage  employed  in  the  foreign  trade  of  the  United 
States,  3.4  to  100 

Treasury  Department,  Register's  Office,  November  1 8th,  1812. 

JOSEPH  NOURSE,  Register. 


SB  SESS.]  STATE  PAPERS.  [137 

B. 

A  statement  exhibiting  the  value  and  quantities  respectively  of 
Merchandise,  on  which  duties  actually  accrued  during  the 
year  1811  (consisting  of  the  difference  between  articles  pay 
ing  duty  imported,  and  those  entitled  to  drawback  re-export 
ed),  and  also  the  net  revenue  which  accrued  that  year,  from, 
duties  on  Merchandise,  Tonnage,  Passports,  and  Clearances. 

Goods  paying  Duties,  ad  valorem. 

15,951,507  dollars  at  12  ^per  cent.  1,993,938  38 

2,524,551  15  378,682  65 

131,114  20  26,222  8O 

addl.  duty  on  gl  8,604,453  at  21  per  cent.    465,111   32 

18,607,172  ^ ! 

2,863,955   15 

Spirits,         3,447,873  gals,  at  27-6  cents  (average)    950,603  86 
Sugar         55,332,314  pounds,  2. 5  do.          1,391,731   56 

Wines,         1,614,654  gallons, 3 1.3  do.  505,111  35 

Teas,  2,557,329  pounds, 21.1  do.  540,594  24 

Coffee,       17,468,398  do.  5     cents,  873,419  90 

Molasses,    8,500,019  gallons,    5     do.  425,000  95 

All  other  articles,  543,292  02 

8,093,709  O3 
From  which  deduct 

Bounties,  784  13 

Duties  refunded,  after  deducting  there 
from  duties  collected  on  merchan 
dise,  the  particulars  of  which  could 
not  be  ascertained,  and  difference  in 
calculation,  42,468  59 

4-3,252  72 

8,050,456  31 

3^  per  cent,  retained  on  drawback,  80,952  67 

Extra  duty  of  10  percent,  on  merchandise  import 
ed'  in  foreign  vessels,  48,947  50 

Net  amount  of  duties  on  merchandise,  8,180,356  48 

Duties  on  tonnage,  105,890  43 

Light  money,  18,472  87 

Duties  on  passports  and  clearances,  19,737  7O 

Gross  amount  of  revenue  as  per  statement  (A),     8,324,457  48 
Deduct  expenses  on  collection,  440,924  46 

Net  revenue,  g  7,883,533  O2 

Treasury  Department,  Register's  Office,  November  18M,  1812. 

JOSEPH  NOURSE,  Register. 

VOL.  I.  S  S 


138] 


HISTORICAL  REGISTER.        [ISTH  CONG; 


C. 

Statement  of  the  lands  sold  in  the  districts  of  Marietta,  Zanes- 
ville,  Steubenville,  Canton,  Chiliicothe,  Cincinnati,  Jeffer- 
sonville,  and  Vincennes,  from  the  1st  of  October,  1811,  to 
the  30th  September,  1812;  showing  also  the  amount  of  re 
ceipts  from  individuals  and  payments  made  by  Receivers  du 
ring  the  same  time;  with  the  balance  due,  both  on  the  1st 
October,  1811,  and  1st  October,  1812. 

Lands  sold,  after  deducting  lands  reverted,  acres    391,664  65 

Purchase  money,  $849,632  09£ 

Lands  reverted,  acres  94,O75  63 

In  hands  of  receivers,  Oct.  1,  1811  203,408  77£ 

Due  by  individuals,  Oct.  1,  1811  1,496,371   67f 


Receipts  by  Receivers. 
On  account  of  purchase  money, 
On  account  of  forfeitures, 

Payments  by  Receivers. 
Into  the  treasury, 
The  part  for  expenses, 
Repayments, 

Balance  due,  Oct.  1,  1811. 
From  individuals, 
By  receivers, 

Total  balance  due  Oct.  1,  1812, 

Total  Saks  of  Land. 


746,897  43 
47,431   26* 


782,543  31 

29,045  91 

2,054  12 


1,599,106  33| 
'       184,094  13£ 

$  1,783,200  47J- 


From  the  opening  of  the  land  of-       Acres.  Dollars. 

ficesto  1st  Oct.  1811,  3,374,843  43|  7,130,852  26J- 

Amount   sold  since,  as  above 

stated,  391,664  65 


3,766,508  OS*  7,980,484  36 


2D  SESS.] 


STATE   PAPERS. 


[139 


Statement  of  the  lands  sold  in  the  Mississippi  territory  from  the 
1st  of  October,  1811,  to  the  30th  of  September,  1812;  show 
ing  also  the  amount  of  receipts  from  individuals  and.payments 
made  by  receivers  during  the  same  time ;  with  the  balance 
due,  both  on  the  1st  of  October,  1811,  and  1st  October,  1812. 

Lands  sold,  after  deducting  lands  reverted,  acres  144,872  75 1 

Purchase  money,  $  299,904  36-J 

Lands  reverted,  acres  5,529  86 

In  hands  of  receivers,  Oct.  1,  1811,  33,717  49^ 

Due  by  individuals,  Oct.  1,  1811,  474,541  231 


Receipts  by  Receivers. 
On  account  of  purchase  money, 
On  account  of  forfeitures, 

Payments  made  by  Receivers. 
Into  the  treasury, 
The  part  for  expenses, 
Repayments, 

Balance  due,  Oct.  1,  1812. 
From  individuals, 
By  receivers, 

Total  balance  due  Oct.  1,  1812, 

Total  Sales  of  Lands. 

Amount  of  lands  sold  from  the 

opening  of  the  offices  to  the       Acres. 
IstOct.  1811,  339,309  13 

Amount  sold  since,   as  above 

stated,  144,872  75 


121,377  411 
541  36 


85,675*  77 

5,920  11 

231  06 


653,068  ;18| 
63,809  32| 

716,877  511 


Dollars. 
703,268  66 

299,904  36| 


484,181   89          1,003,173  02£ 
General  Land  Office,  3d  December,  1812. 

EDWARD  TIFFIN,  Commissioner. 


140]  HISTORICAL  REGISTER.       [ISTH  CONG. 

(D.) 

An  estimate  of  the  principal  redeemed  of  the  debt  of  the  United 
States,  from  the  1st  October,  181 1,  to  the  30th  September, 
1-812  ;  and  also  from  April  1,  1801,  to  September  30,  1812. 
Redemption  from  1st  October,  1811,  to  30th  September,  1812. 

The  amount  of  warrants  issued  on  the  treasurer  of  the  United 
States,  on  account  of  the  interest  of  the  domestic  debt,  and  of 
the  reimbursement  of  the  old  six  per  cent,  and  deferred 
stocks,  from  the  1st  October,  1811,  to  the  30th  September, 
1812,  exclusive  of  a  repayment  of  dollars  24,927  30,  and  of 
the  reimbursement  of  part  of  the  converted  stock,  and  the  pur 
chase  of  Louisiana  six  per  cent,  stock,  as  stated  below,  was 

$3,210,418  28 

Deduct  interest,  which  accrued 

during  the  same  period,  1,686,821  89 

Reimbursement  of  the  old  six  per  cent,  and  de 
ferred  stocks  1,523,596  39 
Ditto,         of  converted  six  per  cent,  stock     1,294,45229 

Purchase  of  Louisiana  six  per  cent,  stock  (cost 

$  116,761    17)  118,500 

Payments  to  foreign  officers,  and  for  certain  parts 

of  the  domestic  debt  1,91731 


(a)  2,938,465  99 
Redemption  from  April  1st,  1801,  to  30th  September,  lull,  per 

the  secretary's  report  of  25th  November,  18.11. 
Reimbursement  of  the  old  six  per  cent,  and  de 
ferred  stocks,  13,312,846  57 
Ditto,         of  the  navy  six  per  cent,  stock,         711,700 
Ditto,         of  the  five  and  a  half  per  cent, 
stock,  1,847,500 

Ditto,         of  the  four  and  a  half  per  cent, 
stock,  176,000 

Ditto,         and  purchase  of  eight  per  cent, 
stock,  6,359,600 

Ditto,  ditto,         of  exchanged  six 

per  cent,  stock,  6,293,351   12 

Payments  for  lands,  in  certificates  of  the  debt  of 

the  United  States,  268,240  70* 

Ditto,         to  foreign  officers,  and  for  certain 
parts  of  the  domestic  debt,  90,092  58 

Ditto,         on  account  of  domestic  loans,        3,440,000 
Reimbursement  of  the  foreign  debt,  10,075,004 

42,574,334  97 


2D  SESS.J  STATE  PAPERS.  [141 


Total  principal  redeemed,  from 
1st  April,  1801,  to  30th  Sep 
tember,  1812,  45,512,800  96 

To  this  sum  must  be  added,  dif 
ference  between  the  nominal 
amount  of  3  per  cent,  stock 
extinguished,  and  that  of  con 
verted  stock,  issued  under  the 
act  of  llth  February,  1807,  g  1,001,458  45 

Difference  between  the  nominal 
amount  of  six  per  cent,  and 
deferred  stocks  as  here  stated, 
and  the  amount  actually  reim 
bursed,  as  per  accounts  settled 
at  the  treasury,  arising  from 
unclaimed  dividends  and  ar 
rears  of  interest,  324,274  91 


1,325,733  36 

From  which  deduct  reimburse 
ment  on  stock,  paid  in  for 
lands,  prior  to  the  30th  Sept. 
1805,  4,229  90 

True  amount  reimbursed,  from       — 1,321,503  46 

1st  April,  1801,  to  30th  Sep-  

tember,  1812,  g  46,834,304  42 

(a)  There  was  received  on  loan  from  1st  Octo 
ber,  1811,  to  30th  September,  1812,  g  5,847,212  5O 
From  which  deducting  the  principal  redeemed,     2,938,465  99 

Leaves  for  the  actual  increase  of  debt  during 

that  period,  2908,746  51 


142]                   HISTORICAL  REGISTER.  [ISTHCONG. 

E. 

Statement  of  receipts  and  payments  at   the   Treasury  of  the 

United  States,  from  the  1st  of  October,  1811,  to  the  30th  of 
September,  1812. 

Cash  in  the  treasury,  subject  to  warrant,  Octo 
ber  1,  1811,  $  3,947,818  36 

Received  for  the  proceeds  of  the 

Customs,                                                                 -  9,907,990  8O 

Arrears  of  internal  revenues  and  direct  tax,  7,066  O7 

Sales  of  public  lands,                                           -  822,599  64 

Cents  and  half  cents  coined  at  the  mint,        -  7,975  95 

Fees  on  patents,                               -                    -  6,990  00- 

Public  arms  sold  to  states,  29,434  5O 

Public  property  sold,            -  1,119  51 

Postage  of  letters,       -                              -  85,000  00 

Salt  works  in  the  Illinois  territory,        -  7,91O  25 

Fines,  penalties,  and  forfeitures,  80  95 
Consular  receipts  under  act  of  April  14,  1792,          1,161    14 

Treasurer's  drafts,  lost  or  destroyed,     -         -  52  50 

Repayments,                           -                              -  57,565  59 

Loan,         -                   .....  5,847,212  5O 


Dollars  20,729,977  76 


2DSESS.]  STATE   PAPERS.  [143 

Payments  on  the  following  accounts,  viz. : 
Civil  expenses,  both  foreign  and  domestic,  viz. : 
Civil  list  proper,  816,655   13 

Light  house  establishment,       -  -  131,420  04 

Grants  and  miscellaneous  claims,  -  22,073  58 

Marine  hospital  establishment,       -  '    56,062  06 

Mint  establishment,  15,206  22 

Public  buildings  in  Washington,  -       14,000  OO 

Furniture  for  the  president's  house,  300  00 

Military  pensions,  -  -      94,358  44 

Unclaimed  merchandise,  280  02 

Purchase  of  books  for  congress,  -       1,000  00 

Third  census,  -  68,799  11 

Consular  receipts,  under  act  of  April  14,  1792,  1,161   14 

Prize  money  for  the  navy  pension  fund,  478,  00 

Relief  of  the  citizens  of  Venezuela,  47,840  73 

Survey  of  the  coast  of  the  United  States,  13,308  68 

Better  accommodation  of  the  general  post-office,  &c.  11,853  91 
Prisoners  of  war,  5,000  OO 

Trading  houses  with  the  Indians,         r  -     16,87O  OO 

Road  from  Cumberland  to  the  Ohio,  38,020  75 

Roads  within  the  state  of  Ohio,  20,000  00 

Ditto,  under  treaty  of  Brownstown,  445  5O 

Surveys  of  public  lands,  .       -  17,264  19 

Ascertaining  land  titles  in  Louisiana,'  -       19,101  48 

Intercourse  with  foreign  nations,  Barbary  treaties, 

seamen,       -  -      364,039  21 

Contingent  expenses  of  intercourse  with  foreign  na 
tions,  -  42,538  30 
American  claims  assumed  by  the  Louisiana  con 
vention,  4,992  86 

Military  Expenses,  viz. : 

Military  department,  fortifications,  ordnance,  mi 
litia,  volunteers,  -       7,770,300  OO, 
Indian  department,  -       230,975  00 

Naval  Expenses,  viz. : 
Naval  department,  marine  corps,  navy  yards,       3,107,501   54 

Public  Debt,  viz. : 

Interest  and  charges,       -  2,498,013   19 

Reimbursement  of  principal,  -        2,938,46599 

Balance  in  "the  treasury,  subject  to  warrant,  Sep 
tember  30,  1812,  2,361,652  69 

Dollars  20,729,977  76 


144] 


HISTORICAL  REGISTER.        [ISTH  CONG. 


Ee. 

Statement  of  payments  made  at  the  Treasury,  during  the  year 
ending  on  the  30th  September,  1812,  and  during  the  months 
of  October  and  November,  1812,  for  the  several  branches  of 
expenditure  in  the  War  and  Navy  departments. 

WAR. 

Tear  ending  30th       Oct.  and  Nov. 
Sept.  1812.  1812. 


Heads  of  expenditure. 


411,000 

935,000 

1,549,000 

998,000 

25,000 

365,000 

52,000 

690,000 

341,000 

126,000 


250,000 
500,000 

5,131   83 
100,000 
23,316  50 
50,000 
54,OOO 


Bounties  and  premiums, 

Pay, 

Subsistence, 

Clothing, 

Forage, 

Camp  equipage,  &c. 

Purchase  of  Horses, 

Ordnance,  and  purchase  of  sulphur, 

Arsenals  and  armories, 

Medical  and  hospital  department, 

Quarter  master's  department, 

Corps  of  artificers, 

Seven  companies  of  rangers, 

Militia  and  their  equipment, 

Volunteers, 

Fortifications, 

Contingent  expenses, 

Miscellaneous  expenses, 

Indian  department, 


Dollars,  8,001,275  2,533,108  33 
Balance  in  the  hands  of  the  Treasurer,  on  ac 
count  of  the  war  department,  1st  Oct.  1811,  $214,986  93 
ditto,'                      ditto            1st  Oct.  1812,  760,331   13 


990,000 

653,760 

2,000 

108,772 

11,250 

546,800 

626,000 

210,000 

150,000 

260,000 

151,228 

50,000 

9,500 

9,650 

230,975 

50,000 

2DSESS.]  STATE  PAPERS. 

Heads  of  expenditure. 

Pay, 

Provisions, 

Medical  and  hospital, 

Ordnance  and  saltpetre, 

Repairs, 

Purchase  of  captured  vessels, 

Purchase  of  timber, 

Navy  yards, 

Contingent  expences, 

Miscellaneous  expences, 

Marine  corps, 

Dollars,  3,107,501  54 

Balance  in  the  hands  of  the  Treasurer,  on  ac 
count  of  the  navy  department,  1st  Oct.  1811, 
ditto,  ditto,  1st  Oct.  1812, 


[145 


NAVY. 

Tear  ending  30th 

October  and  No 

Sept.  1812. 

vember,  1812. 

870,000 

300,000 

486,263 

34            75,000 

46,000 

140,000 

168,000 

1,085,000 

200,000 

:ls, 

50,000 

25,000 

100,000 

106,000 

128,000 

70,000 

3,165 

70 

218,072 

50            30,OOO 

993,000 

JS  116,847  32 
221,839  32 


VOL.  I. 


TT 


13th  CONGRESS 1st  SESSION. 


Message  from  the  President  of  the  United  States  to  the  two 
houses  of  Congress,  at  the  commencement  oj  the  Jirst  session 
of  the  thirteenth  Congress. 

Fellow  Citizens  of  the  Senate  and  of  the  House  of  Representatives. 

At  an  early  day  after  the  close  of  the-last  session  of  congress, 
an  offer  was  formally  communicated  from  his  imperial  ma 
jesty,  the  emperor  of  Russia,  of  his  mediation,  as  the  common 
friend  of  the  United  States  and  Great  Britain,  for  the  purpose 
of  facilitating  a  peace  between  them.  The  high  character  of 
the  emperor  Alexander  being  a  satisfactory  pledge  for  the  since 
rity  and  impartiality  of  his  offer,  it  was  immediately  accepted  ; 
and  as  a  further  proof  of  the  disposition  on  the  part  of  the  Unit 
ed  States,  to  meet  their  adversary  in  honourable  experiments  for 
terminating  the  war,  it  was  determined  to  avoid  intermediate 
delays,  incident  to  the  distance  of  the  parties,  by  a  definite  pro 
vision  for  the  contemplated  negotiation.  Three  of  our  eminent 
citizens  were  accordingly  commissioned  with  the  requisite  pow 
ers  to  conclude  a  treaty  of  peace  with  persons  clothed  with  like 
powers  on  the  part  of  Great  Britain.  They  are  authorized  also 
to  enter  into  such  conventional  regulations  of  the  commerce  be 
tween  the  two  countries  as  may  be  mutually  advantageous. 
The  two  envoys  who  were  in  the  United  States  at  the  time  of 
their  appointment,  have  proceeded  to  join  their  colleague  alrea 
dy  at  St.  Petersburg. 

The  envoys  have  received  another  commission,  authorizing 
them  to  conclude  with  Russia  a  treaty  of  commerce,  with  a  view 
to  strengthen  the  amicable  relations,  and  improve  the  beneficial 
intercourse  between  the  two  countries. 

The  issue  of  this  friendly  interposition  of  the  Russian  empe 
ror,  and  this  pacific  manifestation  on  the  part  of  the  United 
States,  time  only  can  decide.  That  the  sentiments  of  Great 
Britain  towards  that  sovereign  will  have  produced  an  accept 
ance  of  his  offered  mediation  must  be  presumed.  That  no  ade 
quate  motives  exist  to  prefer  a  continuance  of  the  war  with  the 
United  States,  to  the  terms  on  which  they  are  willing  to  close 
it,  is  certain.  The  British  cabinet  also  must  be  sensible  that, 
with  respect  to  the  important  question  of  impressment,  on 
which  the  war  so  essentially  turns,  a  search  for,  or  seizure  of 
British  persons  or  property  on  board  neutral  vessels  on  the  high 


IST  SESS.]  STATE  PAPERS.  [147 

seas,  is  not  a  belligerent  right  derived  from  the  law  of  nations  ; 
and  it  is  obvious,  that  no  visit  or  search,  or  use  of  force,  for  any 
purpose,  on  board  the  vessels  of  one  independent  power  on  the 
high  seas,  can  in  war  or  peace  be  sanctioned  by  the  laws  or  au 
thority  of  another  power.  It  is  equally  obvious,  that  for  the  pur 
pose  of  preserving  to  each  state  its  seafaring  members,  by  ex 
cluding  them  from  the  vessels  of  the  other,  the  mode  heretofore 
proposed  by  the  United  States,  and  now  enacted  by  them  as  an 
article  of  municipal  policy,  cannot  for  a  moment  be  compared 
with  the  mode  practised  by  Great  Britain,  without  a  conviction 
of  its  title  to  preference  ;  inasmuch  as  the  latter  leaves  the  dis 
crimination  between  the  mariners  of  the  two  nations,  to  officers 
exposed  by  unavoidable  bias,  as  well  as  by  a  defect  of  evidence, 
to  a  wrong  decision,  under  circumstances  precluding,  for  the 
most  part,  the  enforcement  of  controlling  penalties,  and  where  a 
wrong  decision,  besides  the  irreparable  violation  of  the  sacred 
rights  of  persons,  might  frustrate  the  plans  and  profits  of  entire 
voyages ;  whereas  the  mode  assumed  by  the  United  States 
guards  with  studied  fairness  and  efficacy  against  errors  in  such 
cases,  and  avoids  the  effect  of  casual  errors  on  the  safety  of  navi 
gation,  and  the  success  of  mercantile  expeditions. 

If  the  reasonableness  of  expectations,  drawn  from  these  con 
siderations,  could  guarantee  their  fulfilment,  a  just  peace  would 
not  be  distant.  But  it  becomes  the  wisdom  of  the  national  legis 
lature,  to  keep  in  mind  the  true  policy,  or  rather  the  indispensa 
ble  obligation  of  adapting  its  measures  to  the  supposition,  that 
the  only  course  to  that  happy  event,  is  in  the  vigorous  employ 
ment  of  the  resources  of  war.  And  painful  as  the  reflection  is, 
this  duty  is  particularly  enforced,  by  the  spirit  and  manner  in 
which  the  war  continues  to  be  waged  by  the  enemy  ;  who,  unin 
fluenced  by  the  unvaried  examples  of  humanity  set  them,  are 
adding  to  the  savage  fury  of  it  on  one  frontier,  a  system  of 
plunder  and  conflagration  on  the  other,  equally  forbidden  by  re 
spect  for  national  character,  and  by  the  established  rules  of  civi* 
lized  warfare. 

As  an  encouragement  to  persevering  and  invigorated  exer 
tions  to  bring  the  contest  to  a  happy  result,  I  have  the  satisfac 
tion  of  being  able  to  appeal  to  the  auspicious  progress  of  our 
arms,  both  by  land  and  on  the  water. 

In  a  continuation  of  the  brilliant  achievements  of  our  infant 
navy,  a  signal  triumph  has  been  gained  by  captain  Lawrence 
and  his  companions  in  the  Hornet  sloop  of  war,  which  destroy 
ed  a  British  sloop  of  war,  with  a  celerity  so  unexampled,  and 
with  a  slaughter  of  the  enemy  so  disproportionate  to  the  loss  in 
the  Hornet,  as  to  claim  for  the  conquerors  the  highest  praise. 


148]  HISTORICAL  REGISTER.    [13TH  CONG. 

and  the  full  recompence  provided  by  congress  in  preceding 
cases.  Our  public  ships  of  war  in  general,  as  well  as  the  pri 
vate  armed  vessels,  have  continued  also  their  activity  and  suc 
cess  against  the  commerce  of  the  enemy,  and  by  their  vigilance 
and  address  have  generally  frustrated  the  efforts  of  the  hostile 
squadrons  distributed  along  our  coasts  to  intercept  them  in  re 
turning  into  port,  and  resuming  their  cruizes. 

The  augmentation  of  our  naval  force,  as  authorized  at  the  last 
session  of  congress,  is  in  progress.  On  the  lakes  our  superi 
ority  is  near  at  hand  where  it  is  not  already  established. 

The  events  of  the  campaign,  so  far  as  they  are  known  to  us, 
furnish  matter  of  congratulation,  and  show  that,  under  a  wise 
organization  and  efficient  direction,  the  army  is  destined  to  a 
glory  not  less  brilliant  than  that  which  already  encircles  the 
navy.  The  attack  and  capture  of  York,  is,  in  that  quarter,  a 
presage  of  future  and  greater  victories  ;  while,  on  the  western 
frontier,  the  issue  of  the  late  siege  of  Fort  Meigs  leaves  us  no 
thing  to  regret  but  a  single  act  of  inconsiderate  valour. 

The  provisions  last  made  for  filling  the  ranks  and  enlarging 
the  staff  of  the  army,  have  had  the  best  effects.  It  will  be  for 
the  consideration  of  congress,  whether  other  provisions,  depend 
ing  on  their  authority,  may  not  still  further  improve  the  military 
establishment  and  the  means  of  defence. 

The  sudden  death  of  the  distinguished  citizen  who  repre 
sented  the  United  States  in  France,  without  any  special  arrange 
ments  by  him  for  such  a  contingency,  has  left  us  without  the  ex 
pected  sequel  to  his  last  communications  :  nor  has  the  French 
government  taken  any  measures  for  bringing  the  depending  ne 
gotiations  to  a  conclusion,  through  its  representative  in  the 
United  States.  This  failure  adds  to  delays,  before  so  unrea 
sonably  spun  out.  A  successor  to  our  deceased  minister  has 
been  appointed,  and  is  ready  to  proceed  on  his  mission  :  the 
course  which  he  will  pursue  in  fulfilling  it,  is  that  prescribed  by 
a  steady  regard  to  the  true  interests  of  the  United  States,  which 
equally  avoids  an  abandonment  of  their  just  demands,  and  a  con 
nexion  of  their  fortunes  with  the  systems  of  other  powers. 

The  receipts  into  the  treasury  from  the  1st  of  October  to  the 
31st  day  of  March  last,  including  the  sums  received  on  account 
of  treasury  notes,  and  of  the  loans  authorized  by  the  acts  of  the 
last  and  the  preceding  sessions  of  congress,  have  amounted  to 
fifteen  millions  four  hundred  and  twelve  thousand  dollars.  The 
expenditures  during  the  same  period,  amounted  to  fifteen  mil 
lions  nine  hundred  and  twenty  thousand  dollars,  and  left  in  the 
treasury,  on  the  1st  of  April,  the  sum  of  one  million  eight  hun 
dred  and  fifty-seven  thousand  dollars.  The  loan  of  sixteen 


IST  SESS.]  STATE  PAPERS.  [149 

millions  of  dollars,  authorized  by  the  act  of  the  8th  of  February 
last,  has  been  contracted  for.  Of  that  sum,  more  than  a  million 
of  dollars  had  been  paid  into  the  treasury,  prior  to  the  1st  of 
April,  and  formed  a  part  of  the  receipts  as  above  stated.  The 
remainder  of  that  loan,  amounting  to  near  fifteen  millions  of 
dollars,  with  the  sum  of  five  millions  of  dollars  authorized  to  be 
issued  in  treasury  notes,  and  the  estimated  receipts  from  the 
customs  and  the  sales  of  public  lands,  amounting  to  nine  mil 
lions  three  hundred  thousand  dollars,  and  making  in  the  whole 
twenty-nine  millions  three  hundred  thousand  dollars  to  be  re 
ceived  during  the  last  nine  months  of  the  present  year,  will  be 
necessary  to  meet  the  expenditures  already  authorized,  and  the 
engagements  contracted  in  relation  to  the  public  debt.  These 
engagements  amount  during  that  period  to  ten  millions  five  hun 
dred  thousand  dollars,  which,  with  near  one  million  for  the  civil, 
miscellaneous,  and  diplomatic  expenses,  both  foreign  and  do 
mestic,  and  seventeen  millions  eight  hundred  thousand  dollars 
for  the  military  and  naval  expenditures,  including  the  ships  of 
war  building  and  to  be  built,  will  leave  a  sum  in  the  treasury, 
at  the  end  of  the  present  year,  equal  to  that  on  the  1st  of  April 
last.  A  part  of  this  sum  may  be  considered  as  a  resource  for 
defraying  any  extraordinary  expenses  already  authorized  by 
law,  beyond  the  sums  above  estimated  ;  and  a  further  resource 
for  any  emergency  may  be  found  in  the  sum  of  one  million  of 
dollars,  the  loan  of  which  to  the  United  States  has  been  autho 
rized  by  the  state  of  Pennsylvania,  but  which  has  not  yet  been 
brought  into  effect. 

This  view  of  our  finances,  whilst  it  shows  that  due  provision 
has  been  made  for  the  expenses  of  the  current  year,  shows  at  the 
same  time,  by  the  limited  amount  of  the  actual  revenue  and  the 
dependence  on  loans,  the  necessity  of  providing  more  adequate 
ly  for  the  future  supplies  of  the  treasury.  This  can  be  best  done 
by  a  well  digested  system  of  internal  revenue,  in  aid  of  existing 
sources ;  which  will  have  the  effect,  both  of  abridging  the 
amount  of  necessary  loans,  and  on  that  account,  as  well  as  by 
placing  the  public  credit  on  a  more  satisfactory  basis,  of  impro 
ving  the  terms  on  which  loans  may  be  obtained.  The  loan  of 
sixteen  millions  was  not  contracted  for  at  a  less  interest  than 
about  seven  and  a  half  per  cent. ;  and  although  other  cases  may 
have  had  an  agency,  it  cannot  be  doubted,  that  with  the  advan 
tage  of  a  more  extended  and  less  precarious  revenue,  a  lower 
rate  of  interest  might  have  sufficed.  A  longer  postponement  of 
this  advantage  could  not  fail  to  have  a  still  greater  influence  on 
future  loans. 


150]  HISTORICAL  REGISTER.    [ISTHCONG, 

In  recommending  to  the  national  legislature  this  resort  to 
additional  taxes,  I  feel  great  satisfaction  in  the  assurance,  that 
our  constituents,  who  have  already  displayed  so  much  zeal  and 
firmness  in  the  cause  of  their  country,  will  cheerfully  give  every 
other  proof  of  their  patriotism  which  it  calls  for.  Happily  no 
people,  with  local  and  transitory  exceptions  never  to  be  wholly 
avoided,  are  more  able  than  the  people  of  the  United  States,  to 
spare  for  the  public  wants  a  portion  of  their  private  means,  whe 
ther  regard  be  had  to  the  ordinary  profits  of  industry,  or  the 
ordinary  price  of  subsistence  in  our  country,  compared  with 
those  in  any  other.  And  in  no  case  could  stronger  reasons  be 
felt  for  yielding  the  requisite  contributions.  By  rendering  the 
public  resources  certain,  and  commensurate  to  the  public  exi 
gencies,  the  constituted  authorities  will  be  able  to  prosecute  the 
war  the  more  rapidly  to  its  proper  issue ;  every  hostile  hope 
founded  on  a  calculated  failure  of  our  resources,  will  be  cut  off ; 
and  by  adding  to  the  evidence  of  bravery  and  skill,  in  combats 
on  the  ocean  and  on  the  land,  an  alacrity  in  supplying  the  trea 
sure  necessary  to  give  them  their  fullest  effect,  and  thus  demon 
strating  to  the  world  the  public  energy  which  our  political  insti 
tutions  combine,  with  the  personal  liberty  distinguishing  them, 
the  best  security  will  be  provided  against  future  enterprizes  on 
the  rights  or  the  peace  of  the  nation. 

The  contest  in  which  the  United  States  are  engaged,  appeals 
for  its  support  to  every  motive  that  can  animate  an  uncorrupted 
and  enlightened  people  ;  to  the  love  of  country  ;  to  the  pride  of 
liberty  ;  to  an  emulation  of  the  glorious  founders  of  their  inde 
pendence,  by  a  successful  vindication  of  its  violated  attributes ; 
to  the  gratitude  and  sympathy  which  demand  security  from  the 
most  degrading  wrongs,  of  a  class  of  citizens  who  have  proved 
themselves  so  worthy  the  protection  of  their  country,  by  their 
heroic  zeal  in  its  defence  ;  and  finally,  to  the  sacred  obligation 
of  transmitting,  entire,  to  future  generations,  that  precious  patri 
mony  of  national  rights  and  independence,  which  is  held  in  trust 
by  the  present,  from  the  goodness  of  Divine  Providence. 

Being  aware  of  the  inconveniences  to  which  a  protracted  ses 
sion  at  this  season  would  be  liable,  I  limit  the  present  commu 
nication  to  objects  of  primary  importance.  In  special  messages 
which  may  ensue,  regard  will  be  had  to  the  same  consideration* 

Washington,  May  25,  1813.  JAMES  MADISON. 


IST  SESS.}  STATE  PAPERS.  [151 

Remonstrance  of  the  Legislature  of  the  State  of  Massachusetts \ 
against  the  war  with  Great  Britain ;  and  Protest  of  the 
minority  of  said  legislature  against  said  remonstrance. 

To  the  honourable  the  senate,  and  the  honourable  the  house  of 

representatives  of  the  United  States ,  in  congress  assembled. 

The  legislature  of  Massachusetts,  deeply  impressed  with  the 
sufferings  of  their  constituents,  and  excited  by  the  apprehension 
of  still  greater  evils  in  prospect,  feel  impelled  by  a  solemn  sense 
of  duty  to  lay  before  the  national  government  their  view  of  the 
public  interests,  and  to  express  with  the  plainness  of  freemen, 
the  sentiments  of  the  people  of  this  ancient  and  extensive  com 
monwealth. 

Although  the  precise  limits  of  the  powers  reserved  to  the 
several  state  sovereignties  have  not  been  defined  by  the  consti 
tution,  yet  we  fully  coincide  in  the  correctness  of  the  opinions 
advanced  by  our  venerable  chief  magistrate,  "  that  our  consti 
tutions  insure  to  us  the  freedom  of  speech,  and  that  at  this  mo 
mentous  period  it  is  our  right  and  duty  to  inquire  into  the 
grounds  and  origin  of  the  present  war,  to  reflect  on  the  state 
of  public  affairs,  and  to  express  our  sentiments  concerning 
them  with  decency  and  frankness,  and  to  endeavour,  as  far  as  our 
limited  influence  extends,  to  promote,  by  temperate  and  consti 
tutional  means,  an  honourable  reconciliation." 

If,  then,  such  are  the  rights  and  duties  of  the  people,  surely 
those  who,  at  this  solemn  crisis,  are  selected  by  them,  and  who 
are  specially  honoured  with  their  confidence,  may  venture  re 
spectfully,  but  frankly,  to  express  the  sentiments  and  feelings  of 
those  whom  they  have  the  honour  to  represent. 

The  states,  as  well  as  the  individuals  composing  them,  are 
parties  tp  the  national  compact,  and  it  is  their  peculiar  duty,  es 
pecially  in  times  of  peril,  to  watch  over  the  rights  and  guard  the 
privileges  solemnly  guaranteed  by  that  instrument.  Certainly 
then  this  expression  from  the  legislature  of  the  free  and  inde 
pendent  commonwealth  of  Massachusetts,  will  not  be  disregard 
ed  by  the  present  congress  of  the  United  States.  For  although 
the  numerous  petitions  and  remonstrances  of  the  people  of  this 
state  in  relation  to  such  measures  as  they  deemed  dangerous  to 
their  rights  and  ruinous  to  their  interests,  have  heretofore  been 
received  in  a  manner  little  calculated  to  produce  that  harmony, 
and  to  cement  that  union,  which  ought  to  be  the  permanent  aim 
of  the  general  government,  yet  we  cannot  but  indulge  the  hope 
that  new  councils  and  a  more  conciliatory  spirit  will  distinguish 
the  several  branches  of  the  present  national  legislature ;  that  they 
will  endeavour,  by  the  exercise  of  justice  and  impartiality,  to  allay 


152]  HISTORICAL  REGISTER.      [13TH  CONG. 

the  apprehensions  and  restore  the  confidence  of  the  eastern  and 
commercial  states ;  to  remove  their  actual  sufferings,  and  to 
replace  them  in  the  happy  and  prosperous  condition  from  which 
they  have  been  driven,  by  a  succession  of  measures  hostile  to 
the  rights  of  commerce,  and  destructive  to  the  peace  of  the 
union. 

It  is  not  to  be  expected  that  a  hardy  and  industrious  people, 
instructed  in  the  nature  of  their  rights,  and  tenacious  of  their 
exercise,  whose  enterprize  was  a  source  of  individual  wealth 
and  national  prosperity,  should  find*  themselves  obliged  to 
abandon  their  accustomed  employments,  and  relinquish  the 
means  of  subsistence,  without  complaint ;  or,  that  a  moral  and 
Christian  people  should  contribute  their  aid  in  the  prosecution 
of  an  offensive  war,  without  the  fullest  evidence  of  its  justice 
and  necessity. 

The  United  States,  from  the  form  of  their  government,  from 
the  principles  of  their  institutions,  from  the  sacred  professions 
which,  in  all  periods  of  their  history,  they  have  made,  from  the 
maxims  transmitted  to  them  by  patriots  and  sages,  whose  loss 
they  can  never  sufficiently  deplore,  as  well  as  from  a  regard  to 
their  best  and  dearest  interests,  ought  to  be  the  last  nation  to 
engage  in  a  war  of  ambition  or  conquest. 

The  recent  establishment  of  their  institutions,  the  pacific, 
moral,  and  industrious  character  of  their  citizens,  the  certainty 
that  time,  and  prudent  application  of  their  resources,  would 
bring  a  seasonable  remedy  for  any  transient  wrongs,  would 
have  induced  a  wise  and  provident,  an  impartial  and  temperate 
administration,  to  overlook,  if  it  had  been  necessary,  any  tem 
porary  evils,  which  either  the  ambition,  the  interest,  the  cupidi 
ty,  or  the  injustice  of  foreign  powers  might  occasionally,  and 
without  any  deep  and  lasting  injury,  have  inflicted. 

With  these  maxims  and  these  views,  we  cannot  discern  any 
thing  in  the  policy  of  foreign  nations  towards  us,  which,  in 
point  of  expediency,  required  the  sacrifice  of  so  many  and  so 
certain  blessings  as  might  have  been  our  portion,  for  such  dread 
ful  and  inevitable  evils  as  all  wars,  and  especially  in  a  republic, 
entail  upon  the  people. 

But  when  we  review  the  alleged  causes  of  the  war  against 
Great  Britain,  and,  more  particularly,  the  pretences  for  its  con 
tinuance,  after  the  principal  one  was  removed,  we  are  constrain 
ed  to  say,  that  it  fills  the  minds  of  the  good  people  of  this  com 
monwealth  with  infinite  anxiety  and  alarm.  We  cannot  but 
recollect,  whatever  the  pretences  of  the  emperor  of  France  may 
have  been,  pretences  which  have  uniformly  preceded  and  ac 
companied  the  most  violents  acts  of  injustice,  that  he  was  the 


15TSES3.}  STATE  PAPERS.  [153 

sole  author  of  a  system  calculated  and  intended  to  break  down 
neutral  commerce,  with  a  view  to  destroy  the  opulence  and 
cripple  the  power  of  a  rival,  whose  best  interest  and  whose 
real  policy  were  to  uphold  that  commerce  so  essential  to  her 
own  prosperity. 

It  is  not  for  us  to  decide  whether  the  enemy  of  France  did, 
or  did  not,  adopt  the  most  natural  and  efficacious  means  of 
repelling  her  injustice.  It  is  sufficient  that  we  are  persuaded 
the  United  States  might,  by  a  firm  and  dignified,  yet  pacific 
resistance  to  the  French  decrees,  have  prevented  the  recur 
rence  of  any  retaliatory  measures  on  the  part  of  Great  Britain; 
measures  not  intended  to  injure  us,  but  to  operate  on  the 
author  of  this  unjust  and  iniquitous  system.  And  however 
honourable  men  may  differ  as  to  the  justice  of  the  British 
retaliatory  orders  in  council,  we  do  not  hesitate  to  say,  that 
France  merited  from  our  government  a  much  higher  tone  of 
remonstrance,  and  a  more  decided  opposition. 

In  reviewing  the  avowed  causes  of  the  present  war,  we 
would,  if  it  were  possible,  pass  over  a  series  of  transactions 
imperfectly  explained,  and  calculated  to  excite  our  alarm  and 
regret,  at  the  hasty  manner  in  which  it  was  declared.  But 
the  history  of  the  pretended  rept  al  of  the  French  decrees, 
which,  if  our  government  was  sincere,  we  are  bound  to  be 
lieve  was  the  immediate  cause  of  the  war,  is  so  well  attested, 
and  has  been  so  often  discussed,  and  is  besides  so  important 
in  this  inquiry,  that  mere  motives  of  delicacy  cannot  induce 
us  to  pass  over  it  without  notice. 

If  war  could  be  justified  against  Great  Britain  exclusively, 
it  must  have  been  ontht  ground  assumed  by  our  government, 
that  the  French  de-crees  were  actually  repealed  on  the  1st  of 
November,  1810.  The  indiscriminate  plunder  and  destruction 
of  our  commerce;  the  capture  of  our  ships  by  the  cruizers  of 
France,  and  their  condemnation  by  her  courts  and  by  the  empe 
ror  in  person;  his  repeated  and  solemn  declarations  that  those 
decrees  were  still  in  force  and  constituted  the  fundamental  laws 
of  his  empire,  at  a  period  long  subsequent  to  the  pretended  re 
peal,  seemed  to  furnish  an  answer  sufficiently  conclusive  to  this 
question;  and  we  cannot  but  lament,  that  evidence  so  satisfac 
tory  to  the  rest  of  the  nation,  should  have  had  so  little  weight 
with  that  congress  whose  term  of  service  has  lately  expired. 

But  this  important  question  is  now  definitively  answered; 
and  the  American  people  have  learned  with  astonishment  the 
depth  of  their  degradation.  The  French  emperor,  as  if  foi  the 
perfect  and  absolute  humiliation  of  our  government,  and  for  the 
annunciation  to  the  world  that  he  held  us  in  utter  contempt, 

VOL.  r.  U  r 


154]  HISTORICAL  REGISTER.     [ISTHCONG, 

reserved  till  May,  1812,  the  official  declaration  of  the  fact  that 
these  decrees  were  not  repealed  until  April,  1811;  and  then, 
not  in  consequence  of  his  sense  of  their  injustice,  but  because 
we  had  complied  with  the  condition  he  had  prescribed,  in  the 
letter  of  the  duke  of  Cadore,  in  causing  "  our  rights  to  be  re 
spected,"  by  a  resistance  to  the  British  orders;  and  he  has  since 
added,  that  this  decree  of  repeal  was  communicated  to  our 
minister  at  Paris,  as  well  as  to  his  own  at  Washington,  to  be 
made  known  to  our  cabinet.  As  the  previous  pledge  of  Great 
Britain  gave  the  fullest  assurance  that  she  would  repeal  her  or 
ders  as  soon  as  the  decrees  on  which  they  were  founded  should 
cease  to  exist;  and  as  her  subsequent  conduct  leaves  no  doubt 
that  she  would  have  been  faithful  to  her  promise,  we  can  never 
too  much  deplore  the  neglect  to  make  known  this  repeal,  whe 
ther  it  be  attributed  to  the  French  government  or  our  own. 

If  to  the  former  belong  the  guilt  of  this  duplicity  and  false 
hood,  every  molive  of  interest,  and  every  incitement  of  duty, 
call  loudly  upon  our  administration  to  proclaim  this  disgrace 
ful  imposition  to  the  American  people;  not  only  as  it  would 
serve  to  develope  the  true  character  and  policy  of  France, 
but  to  acquit  our  own  officers  of  a  suppression  too  serious  to 
be  overlooked  or  forgiven. 

But  whatever  may  be  the  true  state  of  this  mysterious  trans 
action,  the  promptness  with  which  Great  Britain  hastened  to 
repeal  her  orders,  before  the  declaration  of  war  by  the  Uni 
ted  States  was  known  to  her,  and  the  restoration  of  an  im 
mense  amount  of  property,  then  within  her  power,  can  leave 
but  little  doubt  that  the  war,  on  our  part,  was  premature,  and 
still  less  that  the  perseverance  in  it,  after  that  repeal  was 
known,  was  improper,  impolitic,  and  unjust. 

It  was  improper ;  because  it  manifested,  in  this  instance,  a 
distrust  in  the  good  faith  and  disposition  to  peace  of  a  nation, 
from  which  we  had  just  received  a  signal  proof  of  both. 

It  was  impolitic;  because  it  gave  countenance  to  the  charge 
of  a  subserviency  to  the  views  of  France,  and  of  an  ulterior 
design  of  co-operating  with  her,  in  the  profligate  and  enor 
mous  project  of  subjugating  the  rest  of  Europe. 

It  was  impolitic;  as  it  tended  to  unite  all  descriptions  of 
people  in  England,  in  favour  of  the  present  .war,  and  to  con 
vince  them,  however  erroneously,  that  moderation  and  fair 
ness,  on  her  part,  only  laid  the  foundation  of  new  claims  and 
higher  pretensions  on  ours. 

It  was  unjust ;  because  the  evidence,  afforded  by  the  prompt 
repeal  of  the  orders  in  council,  ought  to  have  satisfied  us,  that 
Great  Britain  was  sincerely  disposed  to  maintain  and  pre- 


ISTSESS.]  STATE  PAPERS.  [155 

serve  pacific  relations  with  the  United  States ;  and  all  wars 
are  unjust,  the  objects  of  which  can  be  attained  by  negotiation. 

It  was  unjust ;  because  the  whole  history  of  our  diplomatic 
intercourse  with  Great  Britain  shows,  that  we  never  induced 
her  to  believe,  that  we  considered  the  impressment  of  her  own 
seamen,  on  board  our  merchant  ships,  as  a  reasonable  ground 
of  war,  and  we  had  never  offered  her  the  alternative  ot  war, 
or  a  relinquishment  of  this  practice. 

It  was  unjust ;  because  the  pretensions  and  claims,  on  the 
one  side  and  on  the  other,  although  attended  with  difficulties, 
were  not  irreconcileable.  Great  Britain  did  not  claim  the  right 
to  impress  our  native  seamen.  She  disavowed  the  practice  in 
all  cases  when  the  fact  was  made  known  to  her.  She  restored, 
on  legal  evidence,  she  had  recently  offered  to  return  all  who 
were  of  that  description,  of  whom  a  list  should  be  furnished 
by  our  government;  and  she  had  many  years  before  made 
such  offers  of  fair  and  amicable  arrangements  of  this  whole 
subject,  as,  to  two  distinguished  members  of  our  present  ca 
binet,  appeared  u  both  honourable  and  advantageous." 

It  was  unjust;  because  we  had  not  taken  previously  all  the 
reasonable  steps,  on  our  part,  to  remove  her  complaints  of  the 
seduction  and  employment  of  her  seamen.  This  is  made 
manifest,  by  the  conduct  of  the  same  congress  which  declared 
the  war,  they  having  admitted  the  propriety  of  obviating  those 
complaints,  by  an  act  passed  subsequent  to  the  commence 
ment  of  hostilities. 

No  state  in  the  union  can  have  a  greater  interest,  or  feel  a 
stronger  desire  to  protect  commerce,  and  maintain  the  It- giti- 
mate  rights  of  seamen,  than  this  commonwealth.  Owners  of 
one  third  of  all  the  navigation,  and  probably  furnishing  one  half 
nearly  of  all  the  native  seamen  of  the  United  States,  we  are 
better  enabled  to  appreciate  the  extent  of  their  sufferings,  and 
must  also  be  presumed  to  sympathise  with  them  more  sincerely 
than  the  citizens  of  states  destitute  of  commerce,  and  whose 
sons  are  not  engaged  in  its  prosecution  ;  unless  it  be  admitted, 
that  the  sufferers,  their  parents,  relatives,  and  friends,  are  less 
interested  in  their  welfare  and  protection  than  those  who  are 
united  to  them  only  by  the  feeble  ties  of  political  connexion. 

With  all  the  means  of  information,  furnished  by  every  mo 
tive  of  duty,  and  every  inducement  of  interest,  we  are  con 
strained  to  say,  that  this  evil  of  impressment  has  been  grossly 
exaggerated ;  that  we  have  reason  to  believe,  an  honest  and  fair 
proposal,  as  honestly  and  fairly  executed,  to  exclude  the  sub 
jects  of  Great  Britain  from  our  service,  would  have  much  more 
effectually  relieved  our  own  seamen,  and  more  essentially  ad 
vanced  their  interest, 'than  a  resort  to  war ;  that  the  true  inte- 


156]  HISTORICAL  REGISTER.     [13m  CONG. 

tests  of  the  United  States  coincide  with  the  policy  adopted  by 
all  01  her  countries,  and  that  we  should  be  more  independent, 
our  seamen  would  be  better  protected,  and  our  country  even 
tually  more  prosperous,  by  renounring  altogether  the  preten 
sion  of  screening  and  employing  British  seamen. 

The  doctrine  of  natural  all<  gianc  e  is  too  well  founded,  has 
been  too  long  established,  and  is  too  consonant  with  the  per 
manent  in  erest,  the  peace  and  independence  of  all  nations,  to 
be  disturbed,  for  the  purpose  of  substituting  in  its  place  cer 
tain  visionary  notions,  to  which  the  French  revolution  gave 
birth,  and  which,  though  long  since  exploded  there,  seem  still 
to  have  an  unhappy  influence  in  our  country. 

Having  thus  found  the  avowed  causes  of  the  war,  and  espe 
cially  the  motives  for  a  perseverance  in  it,  so  wholly  inadequate 
to  justify  the  adoption  of  that  policy,  we  have  been  obliged  to 
resort  to  other  and  more  concealed  motives.  We  cannot,  how 
ever,  without  the  most  conclusive  evidence,  believe,  although 
the  measures  and  language  of  some  high  public  functionaries 
indicate  the  fact,  that  ambition,  and  not  justice;  a  lust  of  con 
quest,  and  not  a  defence  of  endangered  rights,  are  among  the 
real  causes  of  perseverance  in  our  present  hostilities. 

Must  we  then  add  another  example  to  the  catalogue  of  repub 
lics,  which  have  been  ruined  by  a  spirit  of  foreign  conquest? 
Have  we  no  rtgard  to  the  solemn  professions  we  have  so  often 
repeated,  none  to  the  example,  none  to  the  precepts  of  Wash 
ington  ?  Is  it  possible,  either  to  acquire  or  to  maintain  extensive 
foreign  conquests,  without  powerful  standing  armies?  And  did 
such  armies  ever  long  permit  the  people,  who  were  so  impru 
dent  as  to  raise  and  maintain  them,  to  enjoy  their  liberties? 

Instances  of  military  oppression  have  already  occurred 
among  us  ;  and  a  watchful  people,  jealous  of  their  rights,  must 
have  observed  some  attempts  to  controul  their  elections,  and 
to  prostrate  the  civil  before  the  military  authority.  If  the 
language  of  some  men,  high  in  office;  if  the  establishment  of 
a  chain  of  military  posts  in  the  interior  of  our  country  ;  if  the 
extensive  preparations  which  are  made  in  quarters  where  in 
vasion  cannot  be  feared,  and  the  total  abandonment  and  neg 
lect  of  that  part  of  our  country  where  alone  it  can  be  appre 
hended,  have  excited  our  anxiety  and  alarm  as  to  the  real 
projects  of  our  rulers  ;  these  emotions  have  not  been  dimi 
nished  by  the  recent  invasion,  seizure,  and  occupation  of  the 
territory  of  a  peaceable  and  unoffending  neighbour. 

If  war  mutt  have  been  the  portion  of  these  United  States,  if 
they  were  destined  !\v  Providence  to  march  the  downward  road 
to  slavery,  through  foreign  conquest  and  military  usurpation, 


IST  SESS.J  STATE  PAPERS.  [157 

your  remonstrants  regret  that  such  a  moment  and  such  an  oc 
casion  should  have  been  chosen  for  the  experiment;  that  while 
the  oppressed  nations  of  Europe  art  making  a  magnanimous 
and  glorious  effor*-  against  the  common  enemy  of  free  states, 
we  alone,  the  descendants  of  the  pilgrims,  sworn  foes  to  civil 
and  religious  slavery,  should  voluntarily  co-operate  with  the 
oppressor  to  bind  other  nations  in  his  chains;  ihat,  while  di 
verting  the  forces  of  one  of  his  enemies  from  the  mightv  con 
flict,  we  should  endanger  the  defenceless  territories  of  another, 
in  whose  ports  the  flag  of  our  independence  was  first  permuted 
to  wave,  now  struggling  for  existence  beneath  his  iron  grasp. 

Permit  the  legislature  of  this  commonwealth,  whose  citizens 
have  been  ever  zealous  in  the  cause  of  freedom,  and  who  con 
tributed  their  utmost  efforts  for  the  adoption  of  that  consti 
tution,  under  which,  in  former  times,  we  enjoyed  so  much 
prosperity,  most  respectfully,  but  earnestly,  to  entreat  and 
conjure  the  constituted  authorities  of  the  nation,  by  the  re 
gard  due  to  our  liberties,  to  our  union,  to  our  civil  compact, 
already  infringed,  to  pause  before  it  be  too  late.  Let  the  so 
ber,  considerate,  and  honourable  representatives  of  our  sister 
states,  in  which  different  councils  prevail,  ask  themselves — 

Were  not  the  territories  of  the  Unite  d  States  sufficiently 
extensive  before  the  annexation  of  Louisiana,  the  projected 
reduction  of  Canada,  and  seizure  of  West  Florida  ? 

Had  we  not  millions  upon  millions  ot  acres  oi  uncultivated 
wilderness,  scarcely  explored  by  civilized  man  ? 

Could  these  acquisitions  be  held,  as  conquered  provinces, 
without  powerful  standing  armies?  And  would  they  not,  like 
other  infant  colonies,  serve  as  perpetual  drains  of  the  blood 
and  treasure  of  these  United  States?  Or  is  it  seriously  intend 
ed  to  adopt  the  dangerous  project  of  forming  them  into  new 
states  and  admitting  them  into  the  union,  without  the  express 
consent  of  every  member  of  the  original  confederacy?  Would 
not  such  a  measure  have  a  direct  tendency  to  destroy  the  obli 
gations  of  that  compact  by  which  alone  ourunion  is  maintained? 

Already  have  we  witnessed  the  formation  and  admission 
of  one  state  beyond  the  territorial  limits  of  the  United  States, 
and  this  too,  in  opposition  to  the  wishes  and  efforts,  as  well 
as  in  violation  of  the  rights  and  interests  of  some  of  the  par 
ties  to  that  compact ;  and  the  determination  to  continue  that 
practice,  and  thereby  to  extend  our  republic  to  regions  hither 
to  unexplored,  or  peopled  by  inhabitants  whose  habits,  lan 
guage,  religion,  and  laws  are  repugnant  to  the  genius  of  our 
government,  is  openly  avowed. 

Against  a  practice  so  hostile  to  the  rights,  the  interests,  the 


158]  HISTORICAL  REGISTER.    [ISTHCONG. 

safety  of  this  state,  and  so  destructive  to  her  political  power ; 
so  subversive  of  the  spirit  of  the  constitution,  and  the  very 
principles  upon  which  it  is  founded,  your  remonstrants,  in  the 
name  and  behalf  of  the  commonwealth  of  Massachusetts,  feel 
it  their  duty  to  enter  their  most  solemn  and  deliberate  protest. 

If  an  extensive  confederated  republic  is  to  be  maintained, 
and  we  most  fervently  pray  that  it  may,  it  can  only  be  by  a 
free  communication  of  the  grievances  felt  and  the  evils  ap 
prehended  by  anv  of  its  members^  and  by  a  prompt  and  libe 
ral  remedy.  The  same  spirit  of  concession  which  dictated 
the  formation  and  adoption  of  the  constitution  should  be  kept 
in  permanent  and  perpetual  exercise. 

The  blessings  of  government,  its  vigilance,  its  protection, 
its  rewards,  should  be  equally  and  impartially  distributed, 
and  its  burdens  as  equally  and  fairly  imposed.  No  portion 
of  the  union  ought  to  be  sacrificed  to  the  local  interests,  pas 
sions,  or  aggrandizement  of  others.  It  cannot,  however,  be 
denied,  that  causes  have  occurred  to  disturb  the  balance, 
which,  when  adjusted,  was  intended  to  form  the  principal 
security  of  our  present  compact.  But  the  remedy  is  in  the 
power  of  congress,  and  we  look  to  their  wisdom  for  its  effi 
cacious  and  speedy  application. 

The  chief  motive  which  influenced  the  eastern  states  to 
abolish  the  old  confederation,  and  to  surrender  a  greater 
share  of  their  own  sovereign  power,  as  appears  by  the  recent 
history  of  those  times,  was  the  expectation  that  their  com 
merce  would  be  better  protected  by  the  national  government. 

The  hardy  people  of  the  north  stood  in  no  need  6f  the  aid  of 
the  south,  to  protect  them  in  their  liberties.  For  this,  they 
could  safely  rely,  as  they  always  had  done,  on  their  own  valour. 
But  it  was  an  important  object  with  them^that  every  aid,  fa 
cility,  and  encouragement  should  be  given  to  that  commerce 
upon  which  their  prosperity  almost  exclusively  depended. 

To  ensure  this  great  object,  a  very  unequal  proportion  of 
political  power  was  conceded  to  the  southern  states.  The  re 
presentation  of  slaves  was  the  price  paid  by  the  northern  states 
for  the  stipulated  protection  and  encouragement  of  their  trade, 
and  for  an  agreement  of  the  southern  members  of  the  union, 
that  the  public  burdens  should  be  apportioned  according  to 
representation.  Experience,  however,  has  proved,  that  al 
though  the  contract  on  our  part  has  been  faithfully  fulfilled, 
both  these  considerations  have  utterlv  failed. 

Indications  of  a  spirit  hostile  to  commerce  were  early  visible 
among  some  ot  those  who  now  controul  the  destinies  of  our  re 
public  ;  but  the  father  of  his  country  then  presided  in  our 


IST  SESS.]  STATE  PAPERS:  [159 

councils,  and  this  spirit  was  vanquished.  Under  the  influence 
of  the  wise,  and  liberal,  and  magnanimous  system  adopted 
and  pursued  by  his  administration,  commerce  was  indeed 
cherished,  extended,  and  protected;  and  the  stipulations  of 
the  constitution  were  fulfilled  in  sincerity  and  good  faith. 

Since  that  period,  however,  the  same  spirit  has  arisen,  and 
has  exhibited  an  unrelenting  severity  in  the  exercise  of  its 
sway;  until,  at  length,  by  a  series  of  restrictions,  utterly  de 
structive  of  the  calculations  of  the  merchant,  by  prohibitions 
and  double  duties,  by  embargoes  and  non-intercourse,  and 
lastly  by  war,  the  poor  remains  of  that  commerce  which  once 
covered  the  ocean  with  its  sails  have  been  nearly  annihila 
ted.  Nor  has  the  other  part  of  the  consideration  been  better 
fulfilled.  Taxation  has  never,  except  in  a  single  instance, 
and  that  to  one  hundredth  part  only  of  the  revenue  raised 
under  the  constitution,  been  apportioned  according  to  repre 
sentation,  and  with  what  reluctance  it  was  then  submitted  to 
by  the  southern  states,  and  with  what  tardiness  it  was  even 
partially  collected,  public  records  will  determine. 

Of  the  two  hundred  and  fifteen  millions  of  dollars  derived 
by  the  United  States  under  the  operation  of  the  federal  go 
vernment,  Massachusetts  has  paid  upwards  of  forty  millions; 
an  amount  beyond  all  proportion  to  her  political  weight  in 
the  union. 

If  therefore  the  revenues  derived  from  this  commonwealth, 
and  paid  into  the  national  treasury,  had  been  preserved  in  her 
own,  she  would  have  been  fully  competent  to  her  own  de 
fence,  and  would  not  have  been  obliged  to  solicit,  nor  expe 
rience  the  injustice  of  a  refusal  of  the  arms  for  which  she  has 
long  since  paid,  and  which  were  her  due  from  the  general  go 
vernment.  What  good  cause  can  be  assigned  for  this  refusal, 
your  remonstrants  are  wholly  unable  to  determine.  No  dis 
cretion  is  by  law  vested  in  any  officer  of  the  government  in 
relation  to  this  subject.  Its  provisions  are  simple,  plain,  and 
peremptory.  Your  remonstrants,  therefore,  cannot  but  ex 
press  their  astonishment,  that  the  state  of  Massachusetts,  pos 
sessing  a  sea  coast  more  extensive  and  populous  than  that  of 
any  other  state  in  the  union,  and  a  defenceless  frontier  by 
land,  should  not  only  be  entirely  abandoned  by  the  govern 
ment  whose  duty  it  is  to  protect  her,  but  should  also  be  refused 
the  arms  for  her  own  defence  to  which  she  is  by  law  entitled. 

They  cannot,  however,  permit  themselves  to  doubt  that 
congress  will,  forthwith,  adopt  such  measures  as  will  render 
to  this  commonwealth,  that  justice  which  the  executive  de 
partment  has  refused. 


160]  HISTORICAL  REGISTER.       [ISTH  CONG. 

If  the  war  in  which  we  have  been  rashly  plunged,  was  un 
dertaken  to  appease  the  resentment  or  secure  the  favour  of 
France,  deep  and  humiliating  must  be  our  disappointment. 
For  although  the  emperor  is  lavish  in  his  professions  of  "love 
for  the  American  people,"  applauds  our  ready  self-devotion, 
and  declares  u  that  our  commerce  and  our  prosperity  are  with 
in  the  scope  of  his  policy,"  yet  no  reparation  has  been  made  or 
off"ivd  for  the  many  outrages,  indignities,  and  insults  he  has 
inflicted  on  our  government,  nor  for  the  unnumbered  millions 
of  which  he  has  plundered  our  citizens.  And  when  we  con 
sider  the  course  of  policy  pursued  by  our  rulers  in  their  exter 
nal  relations  and  commercial  restrictions,  from  the  prohibition 
of  our  trade  to  St.  Domingo,  to  the  declaration  of  war  against 
Great  Britain ;  that  this  course  often  received  his  open  appro 
bation,  and  was  not  unfrequently  conformable  to  the  system 
which  he  himself  had  adopted ;  when  we  consider  also  the 
mysterious  secresy  which  has  veiled  the  correspondence  of  the 
two  governments  from  our  view  ;  and,  above  all,  when  we  con 
sider  that  in  many  instances  the  most  important  measures  of 
our  government  have  been  anticipated  in  Paris  long  before 
they  were  known  to  the  American  people,  we  cannot  conceal 
our  anxiety  and  alarm  for  the  honour  and  independence  of  our 
country.  And  we  most  fervently  pray,  that  the  sacrifices  we 
have  already  made,  like  the  early  concessions  of  Spain  and 
Portugal,  of  Prussia  and  Sweden,  may  not  be  the  preludes  to 
new  demands  and  new  concessions;  and  that  we  may  be  pre 
served  from  all  political  connexion  with  the  common  enemy 
of  civil  liberty. 

To  the  constituted  authorities  of  our  country  we  have  now 
stated  oiir  opinions,  and  made  known  our  complaints.  Opi 
nions,  the  result  of  deliberate  reflection ;  and  complaints, 
"  wrung  from  us  by  the  tortures  of  that  cruel  policy"  which 
has  brought  the  good  people  of  this  commonwealth  to  the 
verge  of  ruin  A  policy  which  has  annihilated  that  com 
merce  so  essential  to  their  prosperity;  increased  their  bur 
dens  while  it  has  diminished  their  means  of  support;  provi 
ded  for  the  establishment  of  an  immense  standing  army, 
dangerous  to  their  liberties,  and  irreconcileable  with  the  ge 
nius  of  their  constitution;  destroyed  their  just  and  constitu 
tional  weight  in  the  general  government,  and,  by  involving 
them  in  a  disastrous  war,  has  placed  in  the  power  of  the  ene 
my  the  controul  of  the  fisheries,  a  treasure  of  more  value  to 
the  country  than  all  the-  territories  for  which  we  are  contend 
ing,  and  which  furnished  the  only  means  of  subsistence  to  thou 
sands  of  our  citizens ;  the  great  nursery  of  our  seamen,  and 
the  right  to  which  can  never  be  abandoned  by  New  England. 


IST  BESS.]  STATE  PAPERS. 

Under  such  circumstances,  silenc^  towards  the  government 
would  be  treachery  to  the  people.  In  m  iking  this  solemn  re 
presentation  of  our  suff*  rings  and  our  dangers,  we  have  been 
influenced  onlv  by  the  duty  which  we  owe  to  our  constituents 
and  our  country,  to  our  consciences  and  the  memory  of  our 
fathers.  And  to  the  Searcher  of  all  hearts  we  appeal  for  the 
purity  of  our  motives  and  the  sincerity  of  our  declarations. 
Far  from  wishing  to  embarrass  the  administration  in  any 
of  their  negotiations  for  peace,  we  cannot  but  express  our  re 
gret  that  they  should  not  have  evinced  a  sincere  desire  for 
this  great  object,  by  accepting  some  of  the  repeated  overtures 
made  by  the  enemy  for  the  suspension  of  hostilities  :  and  per 
mit  us,  in  conclusion,  most  earnestly  to  request,  that  measures 
may  immediately  be  adopted  to  stay  the  sword  of  the  de 
stroyer,  and  to  revent  further  effusion  of  human  blood  ;  that 
our  invading  armies  may  be  forthwith  recalled  within  our 
own  territories ;  and  that  every  effort  of  our  rulers  may  be 
speedily  directed  to  the  attainment  of  a  just  and  honourable 
peace;  that  mutual  confidence  and  commercial  prosperity  may 
be  again  restored  to  our  distracted  and  suffering  country  ;  and 
that  by  an  upright  and  faithful  administration  of  our  go 
vernment,  in  the  true  spirit  of  the  constitution,  its  blessings 
may  be  equally  diffused  to  every  portion  of  the  union. 

In  the  house  of  representatives,  June  14th,  1813. 
Sent  up  for  concurrence. 

TIMOTHY  BIGELOW,  Speaker. 
In  senate,  June  15,  1813. 
,  Head  and  concurred. 

JOHN  PHILLIPS,  President. 
A  true  copy. 
Attest,  SAMUEL  F.  M'CLEARY, 

Clerk  of  the  Senate. 
BENJAMIN  POLLARD, 

Clerk  of  the  House  of  Representatives. 

To  the  honourable  the  Senate  and  house  uf Representatives  of  the 
United  States  of  America  in  congress  assembled. 

The  undersigned  committee,  chosen  by  the  minority  of  the 
senators  and  representatives  of  the  commonwealth  of  Massa 
chusetts,  beg  leave  to  represent,  that  thvy  have  perceived 
with  extreme  n  gret,  that  the  legislature  of  this  state,  in  their 
present  session,  have  presented  a  remonst  nee  to  congress 
denouncing  the  administration  of  the  general  government, 
reprobating  the  war,  as  improper,  impolitic,  and  unjust;  im 
peaching  the  motives  of  the  congress  which  declared  it,  ex- 

VOL.  I.  X  X 


162]  HISTORICAL  REGISTER,     [ISTH  C©NG. 

cusing  and  justifying  all  the  aggressions  of  Great  Britain, 
and  charging  the  majority  of  the  representatives  of  the  people 
with  wantonness,  ambition,  oppression,  and  cruelty :  while 
the  executive  of  the  United  States  is  steadily  pursuing  that 
course  of  policy,  which  alone  can  secure  a  safe,  equitable, 
honourable,  and  permanent  peace,  and  are  actually  negotia 
ting  to  effect  it,  it  is  impossible  to  conceive  what  good  motive 
could  induce  the  legislature  of  this  state  to  vote  a  remon 
strance  so  unreasonable  in  its  origin,  reprehensible  in  its  lan 
guage,  erroneous  in  its  facts  and  principles,  and  pernicious  in 
its  effects. 

Who,  that  is  American,  can  but  feel  indignant  to  hear  it 
stated  by  the  legislature  of  a  state,  that  we  ought  to  have  re 
sisted  the  French  decrees,  agreeably  to  the  demand  of  the 
British  government;  that  we  have  seduced  her  seamen  from 
their  allegiance,  and  that  we  have  invaded  the  territory  of  a 
peaceable  and  unoffending  neighbour?  Where  is  the  man, 
who  values  his  reputation,  who  would  not  indignantly  frown 
at  the  insinuation,  that  war  was  waged  from  motives  of  am 
bition  or  lust  of  conquest ;  that  we  are  leagued  with  France, 
to  oppose  the  European  nations,  and  that  our  government 
have  established  a  chain  of  military  posts,  "  to  prostrate  the 
civil  to  the  military  authority  ?"  And  what  man,  not  exclu 
sively  British,  can,  without  the  deepest  mortification,  read  a 
remonstrance,  which,  in  the  time  of  war  and  pending  nego 
tiation,  should  take  the  enemy's  ground,  support  their  claims, 
and  justify  their  aggressions?  We  assure  the  congress  and 
people  of  the  United  States,  that  we  utterly  protest  against 
the  statements  and  principles  contained  in  that  humiliating 
remonstrance.  It  appears  to  us  too  much  like  the  attempt  of 
a  disappointed  and  malignant  faction,  who,  to  obtain  power, 
would  trample  on  the  rights  and  liberties  of  their  country. 
We  do  not,  however,  apprehend  that  any  faction  in  this  coun 
try  have  either  the  power  or  the  nerve  to  effect  a  purpose  of 
this  sort.  We  trust  and  sincerely  believe  that  the  people 
would  resist,  and  effectually  suppress  every  attempt  to  sever 
or  weaken  our  bond  of  union.  We  are  aware  that  it  is  in  times 
of  calamity  and  war  that  ambitious  and  designing  men  will 
be  tempted  to  stir  up  the  people  to  opposition  and  rebellion. 
But  we  are  assured  that  a  large  majority  of  the  people  of  this 
state  would,  at  the  hazard  of  their  lives  and  fortunes,  resist  all 
opposition  to  the  laws  and  government  of  their  country.  We 
believe  the  war  to  be  just  and  necessary ;  that  the  government 
have  invariably  maintained  strict  justice  and  impartiality  to 
wards  the  belligerents  of  Europe;  that  they  have  submitted  to 
an  accumulation  ,if  wrongs  which  no  other  nation  would  have 


IST  SESS.]  STATE  PAPERS.  [163 

endured;  they  have  negotiated  until  negotiating  was  vain;  that 
it  is  their  intention,  as  it  is  their  duty,  to  protect  the  rights  of 
commerce  and  of  sailors,  u  peaceably  if  they  can,  forcibly  if 
they  must."  That  since  the  pretended  repeal  of  the  orders  in 
council,  every  pacific  advance  has  been  made,  both  by  the  ex 
ecutive  and  by  congress,  which  was  consistent  with  the  rights 
and  honour  of  the  nation.  And  that  we  are  willing  to  endure 
all  the  evils  and  privations  of  this  war,  and  to  expend  our 
property  and  our  blood  in  its  prosecution.  We  hope  the 
legislature  of  Massachusetts  have  better  evidence  of  their 
consistency,  prudence,  patriotism,  and  love  of  peace,  than  is 
contained  in  their  extraordinary  remonstrance. 

We  wish  for  peace,  but  we  fear  that  this  remonstrance,  if  it 
has  any  effect,  will  tend  to  prevent  rather  than  to  accomplish 
it.  We  hope  that  the  very  proper  course  adopted  by  the  ad 
ministration  to  effect  a  peace,  will  meet  with  the  success  to 
which  it  is  entitled :  but  should  Great  Britain,  regardless  of 
the  numerous  wrongs  she  has  inflicted  on  us,  and  calculating 
on  her  power,  or  encouraged  by  her  friends  in  America,  per 
sist  in  her  hostile  pretensions,  we  have  no  doubt  but  the  peo 
ple  of  this  state  will  cordially,  actively,  and  zealously  come 
forward  and  lend  their  aid  in  the  prosecution  of  the  war,  until 
our  rights  are  established  on  a  permanent  basis. 

(Signed}  John  Holmes, 

Win.  Moody, 
Solomon  Aiken, 
Joshua  Prentiss,  jun. 
John  Hart, 
BOSTON,  June  16,  1813.  Ambrose  HalL 


Message  from  the  President  of  the  United  States,  transmitting 
information  touching  the  French  decree  purporting  to  be  a 
repeal  of  the  Berlin  and  Milan  decrees  ;  in  pursuance  of  the 
resolutions  of  the  House  of  the  twenty-first  of  June  last. 

To  the  House  of  Representatives  of  the  United  States. 

I  transmit  to  the  house  of  representatives  a  report  of  the 
secretary  of  state,  containing  the  information  requested  by 
their  resolutions  of  the  21st  of  June  last. 

JAMES  MADISON. 

Washington,  July  12,  1813. 

The  Secretary  of  State,  to  whom  was  referred  several  reso 
lutions  of  the  House  of  Representatives  of  the  21st  ultimo, 


164]  HISTORICAL  REGISTER.     [ISTH  CONG, 

requesting  information  on  certain  points  relating  to  the 

French  decree  of  the  28th  April,  1811,  has  the  honour  to 

make  to  the  President  the  following 
REPORT: 

In  furnishing  the  information  required  by  the  house  of  re^ 
preservatives,  the  secretary  of  state  presumes  that  it  might 
be  deemed  sufficient  for  him  to  state  what  is  now  demanded, 
what  part  thereof  has  been  heretofore  communicated,  and  to 
supply  the  deficiency.  He  considers  it,  however,  more  con 
formable  to  the  views  of  the  house,  to  meet,  at  this  time, 
without  regarding  what  has  been  already  communicated, 
every  inquiry,  and  to  give  a  distinct  answer  to  each,  with  the 
proper  explanation  relating  to  it. 

The  house  of  representatives  has  requested  information, 
when,  by  whom,  and  in  what  manner,  the  first  intelligence  was 
given  to  this  government  of  the  decree  of  the  government  of 
France,  bearing  date  on  the  28th  April,  1811,  and  purporting 
to  be  a  definitive  repeal  of  the  decrees  of  Berlin  and  Milan  ; 
whether  Mr.  Russell,  late  charge  d'affaires  of  the  United 
States  to  the  government  of  France,  ever  admitted  or  denied 
to  his  government  the  correctness  of  the  declaration  of  the 
duke  of  Bassano  to  Mr.  Barlow,  as  stated  in  Mr.  Barlow's 
letter  of  the  12rh  May,  1812,  to  the  secretary  of  state,  that 
the  said  decree  had  been  communicated  to  his,  Mr.  Barlow's, 
predecessor  there,  and  to  lay  before  the  house  any  corres 
pondence  with  Mr.  Russell  on  that  subject,  which  it  may  not 
be  improper  to  communicate,  and  also  any  correspondence 
between  Mr.  Barlow  and  Mr.  Russell,  in  possession  of  the 
department  of  state  ;  whether  the  minister  of  France  to  the 
United  States  ever  informed  this  government  of  the  existence 
of  the  said  decn  e,  and  to  lay  before  the  house  any  corres 
pondence  with  the  said  minister  relative  thereto,  not  improper 
to  be  communicated,  with  any  other  information  in  possession 
of  the  executive,  which  he  may  not  deem  it  injurious  to  the 
public  interest  to  disclose,  relative  to  the  said  decree,  tending 
to  show  at  what  time,  by  whom,  and  in  what  manner,  it  was 
first  made  known  to  this  government,  or  to  any  of  its  repre 
sentatives  or  agents  ;  and  lastly,  to  inform  the  house  whether 
the  government  of  the  United  States  hath  ever  received  from 
that  of  France  any  explanation  of  the  reasons  of  that  decree 
being  concealed  from  this  government  and  its  minister  for  so 
long  a  time  after  its  date,  and  if  such  explanation  has  been 
asked  by  this  government,  and  has  been  omitted  to  be  given 
by  that  of  France,  whether  this  government  has  made  any 
remonstrance  or  expressed  any  dissatisfaction  to  the  govern 
ment  of  France  at  such  concealment? 


IS.TSESS.}  STATE  PAPERS.  [165 

These  inquiries  embrace  two  distinct  objects.  The  first 
relates  to  the  conduct  of  the  government  of  France  in  regard 
to  this  decree ;  the  second,  to  that  of  the  government  of  the 
United  States.  In  satisfying  the  call  of  the  house  on  this  lat 
ter  point,  it  seems  to  be  proper  to  meet  it  in  a  two-fold  view ; 
first,  as  it  relates  to  the  conduct  of  this  government  in  this 
transaction ;  secondly,  as  it  relates  to  its  conduct  towards 
both  belligerents,  in  some  important  circumstances  connect 
ed  with  it.  The  resolutions  do  not  call  specially  for  a  report 
of  such  extent,  but  as  the  measures  of  the  executive,  and  the 
acts  of  congress  founded  on  communications  from  the  execu 
tive,  which  relate  to  one  of  the  belligerents,  have,  by  neces 
sary  consequence,  an  immediate  relation  to  the  other,  such  a 
report  seems  to  be  obviously  comprised  within  their  scope. 
On  this  principle  the  report  is  prepared,  in  the  expectation 
that  the  more  full  the  information  given  on  every  branch  of 
the  subject,  the  more  satisfactory  will  it  be  to  the  house. 

The  secretary  of  state  has  the  honour  to  report,  in  reply  to 
these  inquiries,  that  the  first  intelligence  which  this  govern 
ment  received  of  the  French  decree  of  the  28th  April,  1811, 
was  communicated  by  Mr.  Barlow,  in  a  letter  bearing  date 
on  the  12th  of  May,  1812,  which  was  received  by  this  depart 
ment  on  the  13th  of  July  following:  that  the  first  intimaiion 
to  Mr.  Barlow  of  the  existence  of  that  decree,  as  appears  by 
his  communications,  was  given  by  the  duke  of  Bassano  in  an 
informal  conference  on  some  day  between  the  1st  and  10th  of 
May,  1812,  and  that  the  official  communication  of  it  to  Mr. 
Barlow  was  made  on  the  10th  of  that  month,  at  his  request: 
that  Mr.  Barlow  transmitted  a  copy  of  that  decree,  and  of  the 
duke  of  Bassano's  letter  announcing  it,  to  Mr.  Russell,  in  a 
letter  of  May  11,  in  which  he  also  informed  Mr.  Russell  that 
the  duke  of  Bassano,  had  stated  that  the  decree  had  been  duly 
communicated  to  him  :  that  Mr.  Russell  replied,  in  a  letter 
to  Mr.  Barlow  of  the  29th  of  May,  that  his  first  knowledge 
of  the  decree  was  derived  from  his  letter ;  and  that  he  has 
repeatedly  stated  the  same  since  to  this  government.  The 
paper  marked  (A)  is  a  copy  of  an  extract  of  Mr.  Barlow's 
letter  to  the  department  of  state,  of  May  12,  1812;  (B)  of 
the  duke  of  Bassano's  letter  to  Mr.  Barlow  of  the  10th  of  the 
same  month  ;  (C)  of  an  extract  of  Mr.  Barlow's  Ktter  to  Mr. 
Russell,  of  May  llth;  (D)  of  an  extract  of  Mr.  Russell's 
answer  of  the  29th  May;  and  (E)  of  Mr.  Russell's  letter  to 
the  department  of  state  of  the  30th. 

The  secretary  of  state  reports  also,  that  no  communication 
of  the  decree  of  the  28th  April,  1811,  was  ever  made  to  this 


166]  HISTORICAL  REGISTER.     [ISTH  CONG. 

government  by  the  minister  of  France,  or  other  person,  than 
as  above  stated,  and  that  no  explanation  of  the  cause  of  its  not 
having  been  communicated  to  this  government  and  publish 
ed,  at  the  time  of  its  date,  was  ever  made  to  this  govern 
ment,  or,  so  far  as  it  is  informed,  to  the  representatives  or 
agents  of  the  United  States  in  Europe.     The  minister  of 
France  has  been  asked  to  explain  the  cause  of  a  proceeding 
apparently  so  extraordinary  and  exceptionable,  who  replied, 
that  his  first  intelligence  of  that  decree  was  received  by  the 
Wasp,  in  a  letter  from  the  duke  of  Bassano  of  May  10th, 
1812,  in  which  he  expressed  his  surprise  that  a  prior  letter  of 
May,  1811,  in  which  he  had  transmitted  a  copy  of  the  decree, 
for  the  information  of  this  government,  had  not  been  receiv 
ed.   Further  explanations  were  expected  from  Mr.  Barlow, 
but  none  were  given.     The  light  in  which  this  transaction 
was  viewed  by  this  government,  was  noticed  by  the  president 
in  his  message  to  congress,  and  communicated  also  to  Mr. 
Barlow,  in  the  letter  of  the  14th  July,  1812,  with  a  view  to  the 
requisite  explanation  from  the  French  government.  On  the  9th 
of  May,  1812,  the  emperor  left  Paris  for  the  north,  and  in  two 
days  thereafter  the  duke  of  Bassano  followed  him.    A  nego 
tiation  for  the  adjustment  of  injuries,  and  the  arrangement  of 
our  commerce,  wTith  the  government  of  France,  long  depend 
ing,  and  said  to  have  been  brought  nearly  to  a  conclusion  at  the 
time  of  Mr.  Barlow's  death,  was  suspended  by  that  event.  His 
successor,  lately  appointed,  is  authorised  to  resume  the  nego 
tiation,  and  to  conclude  it.   He  is  instructed  to  demand  redress 
of  the  French  government  for  every  injury,  and  an  explana 
tion  of  its  motive  for  withholding  from  this  government  a 
knowledge  of  the  decree,  for  so  long  a  time  after  its  adoption. 
It  appears  by  the  documents  referred  to,  that  Mr.  Barlow 
lost  no  time,  after  having  obtained  a  knowledge  of  the  exist 
ence  of  the   French  decree  of  the  28th  April,  1811,  in  de 
manding  a  copy  of  it,  and  transmitting  it  to  Mr.  Russell,  who 
immediately  laid  it  before  the   British  government,  urging, 
on  the  ground  of  this  new  proof  of  the  repeal  of  the  French 
decrees,  that  the  British  orders  in  council  should  be  repealed. 
Mr.  Russell's  note  to  lord  Castlereagh  bears  date  on  the 
20th  May  ;  lord  Castlereagh's  reply  on  the  23d,  in  which 
he  promised  to  submit  the  decree  to  the  consideration  of 
the  prince    regent.     (See  papers   marked  F.)     It  appears, 
however,  that  no  encouragement  was  given,  at  that  time, 
to  hope  that  the  orders  in  council  would  be  repealed,  incon 
sequence  of  that  decree  ;  and,  that  although  it  was  afterwards 
made  the  ground  of  their  repeal,  the  repeal  was,  neverthe- 


IST  SESS.]  STATE    PAPERS.  [167 

less,  to  be  ascribed  to  other  causes.  Their  repeal  did  not  take 
effect  until  the  23d  June,  more  than  a  month  after  the  French 
decree  had  been  laid  before  the  British  government ;  a  delay 
indicating  in  itself,  at  a  period  so  momentous  and  critical,  not 
merely  neglect  but  disregard  of  the  French  decree.  That  the 
repeal  of  the  British  orders  in  council  was  not  produced  by 
the  French  decree,  other  proofs  might  be  adduced.  I  will 
state  one,  which,  in  addition  to  the  evidence  contained  in  the 
letters  from  Mr.  Russell,  herewith  communicated  (marked 
G.),  is  deemed  conclusive.  In  the  communication  of  Mr. 
Baker  to  Mr.  Graham,  on  the  9th  August,  1812  (marked  H.), 
which  was  founded  on  instructions  from  his  government,  of 
as  late  date  as  the  17th  June,  in  which  he  stated,  that  an  offi 
cial  declaration  would  be  sent  to  this  country,  proposing  a  con 
ditional  repeal  of  the  orders  in  council,  so  far  as  they  affected 
the  United  States,  no  notice  whatever  was  taken  of  the  French 
decree.  One  of  the  conditions  then  contemplated  was,  that 
the  orders  in  council  should  be  revived  at  the  end  of  eight 
months,  unless  the  conduct  of  the  French  government,  and 
the  result  of  the  communications  with  the  government  of  the 
United  States  should  be  such,  as,  in  the  opinion  of  the  Bri 
tish  government,  to  render  their  revival  unnecessary :  a  con 
dition  which  proves  incontestably  that  the  French  decree  was 
not  considered  by  the  British  government  a  sufficient  ground 
on  which  to  repeal  the  orders  in  council ;  it  proves  also  that 
on  that  day  the  British  government  had  resolved  not  to  re 
peal  the  orders  on  the  basis  of  that  decree  ;  since  the  propo 
sed  repeal  was  to  depend,  not  on  what  the  French  govern 
ment  had  already  done,  but  on  what  it  might  do,  and  on  ar 
rangements  to  be  entered  into  with  the  United  States,  uncon 
nected  with  the  French  repeal. 

The  French  decree  of  the  28th  April,  1811,  was  transmit 
ted  to  the  U.  States  by  the  Wasp,  a  public  vessel,  which  had 
been  long  awaiting,  at  the  ports  of  Great  Britain  and  France, 
despatches  from  our  ministers  relating  to  these  very  impor 
tant  concerns  with  both  governments.  It  was  received  at  the 
department  of  state  on  the  13th  July,  1812,  nearly  a  month  af 
ter  the  declaration  of  war  against  Great  Britain.  Intelligence 
of  the  repeal  of  the  orders  in  council  was  not  received  until 
about  the  middle  of  the  following  month.  It  was  not  impos 
sible  thererefore  that  either  of  these  acts,  in  whatever  light 
they  maybe  viewed,  should  have  been  taken  into  consideration, 
or  have  had  any  influence  on  deciding  on  that  important  event. 

Had  the  British  government  been  disposed  to  repeal  its  or 
ders  in  council,  in  conformity  with  the  principle  on  which  it 
professed  to  have  issued  them,  and  on  the  condition  which  it 


1683  HISTORICAL  REGISTER. 

had  itself  prescribed,  there  was  no  reason  to  delay  the  repeal 
until  such  a  decree  as  that  of  the  28th  April,  1811,  should  be 
produced.  The  declaration  of  the  French  government  of  Au 
gust  5,  1810,  had  fully  satisfied  every  claim  of  the  British 
government  according  to  its  own  principles  on  that  point. 
By  it  the  decrees  of  the  Bt- rlin  and  Milan  were  declared  to 
be  repealed,  the  repeal  to  take  effect  on  the  1st  of  November 
following,  on  which  day  it  did  take  effect.  The  only  condi 
tion  attached  to  it  was,  either  that  Great  Britain  should  fol 
low  the  example,  and  repeal  her  orders  in  council,  or  that  the 
United  States  should  carry  into  effect  against  her  their  non-im 
portation  act.  This  condition  was  in  its  nature  subsequent,  not 
precedent,  reserving  a  right  in  France  to  revive  her  decrees 
in  case  neither  alternative  was  performed.  By  this  declaration 
it  was  put  completely  in  the  power  of  Great  Britain  to  ter 
minate  this  controversy  in  a  manner  the  most  honourable  to 
herself.  France  had  yielded  to  her  the  ground  on  a  condition, 
with  which  she  had  declared  her  willingness  to  comply.  Had 
she  complied,  the  non-importation  act  would  not  have  been 
carried  into  effect,  nor  could  the  French  decrees  have  been 
revived.  By  refusing  to  comply,  she  has  made  herself  re 
sponsible  for  all  that  has  since  followed. 

Bv  the  decree  of  the  28th  April,  1811,  the  decrees  of  Ber 
lin  and  Milan  were  said  to  be  definitively  repealed,  and  the 
execution  of  the  non-importation  act  against  Great  Britain 
was  declared  to  be  the  ground  of  that  repeal.  The  repeal,  an 
nounced  by  the  declaration  of  the  5th  of  August,  1810,  was 
absolute  and  final,  except  as  to  the  condition  subsequently  at 
tached  to  it.  This  latter  decree  acknowledges  that  that  con 
dition  had  been  performed,  and  disclaims  the  right  to  revive 
it,  in  consequence  of  that  performance,  and  extending  back 
to  the  1st  of  November,  confirms  in  every  circumstance  the 
preceding  repeal.  The  latter  act,  therefore,  as  to  the  repeal, 
is  nothing  more  than  confirmation  of  the  former.  It  is  in  this 
sense  that  those  two  acts  are  to  be  understood  in  France.  It  is 
in  the  same  sense  thatthey  are  to  be  regarded  by  other  powers. 
In  repealing  the  orders  in  council  on  the  pretext  of  the  French 
decree  of  April  28,  1811,  the  British  government  has  conce 
ded  that  it  ought  to  have  repealed  them  on  the  declaration  of 
August  5,  1810.  It  is  impossible  to  discriminate  between 
the  two  acts,  or  to  separate  them  from  each  other,  so  as  to 
justify,  on  sound  and  consistent  principles,  the  repeal  of  the  or 
ders  in  council  on  the  ground  of  one  act,  and  the  refusal  tore- 
peal  them  on  that  of  the  other.  The  2d  act  makes  the  repeal 
definitive;  but  for  what  reason?  Because  the  non-importation 
act  had  been  put  in  force  against  Great  Britain,  in  compliance 


IST   SESS.]  STATE  PAPERS.  [169 

with  the  condition  subsequent  attached  to  the  former  repeal, 
and  her  refusal  to  repeal  her  orders  in  council.  That  act  be 
ing  still  in  force,  and  the  decree  of  the  28th  April,  1811, 
being  expressly  founded  on  it,  Great  Britain  repeals  her  orders 
in  council  on  the  basis  of  this  latter  decree.  The  conclusion 
is,  therefore,  irresistible,  that  by  this  repeal,  under  all  the  cir 
cumstances  attending  it,  the  British  government  has  acknow 
ledged  the  justice  of  the  claim  of  the  United  States  to  a  repeal 
on  the  former  occasion.  By  accepting  the  latter  repeal,  it  has 
sanctioned  the  preceding  one ;  it  has  sanctioned  also  the  con 
duct  of  this  government  in  carrying  into  effect  the  non-importa 
tion  act  against  Great  Britain,  founded  on  the  preceding  repeal. 

Other  important  consequences  result  from  this  repeal  of  the 
British  government.  By  fair  and  obvious  construction,  the  ac 
ceptance  of  the  decree  of  the  28th  April,  1811,  as  the  ground 
of  the  repeal  of  the  orders  in  council,  ought  to  be  construed  to 
extend  back  to  the  1st  November,  1810,  the  day  on  which  the 
preceding  repeal  took  effect.  The  secretary  of  state  has  full 
confidence,  that  if  this  question  could  be  submitted  to  the  judg 
ment  of  an  impartial  judicial  tribunal,  such  would  be  its  decision. 
He  has  equal  confidence  that  such  will  be  the  judgment  pro 
nounced  on  it  by  the  enlightened  and  impartial,  world.  If, 
however,  those  two  acts  could  be  separated  from  each  other,  so 
as  that  the  latter  might  be  made  the  basis  of  the  repeal  of  the 
orders  in  council,  distinct  from  the  former,  it  follows,  that, 
bearing  date  on  the  28th  April,  1811,  the  repeal  ought  to  have 
relation  to  that  date.  In  legal  construction  between  nations  as 
well  as  individuals,  acts  are  to  be  respected  from  the  time  they 
begin  to  operate,  and  where  they  impose  a  moral  or  political 
obligation  on  another  party,  that  obligation  commences  with  the 
commencement  of  the  act.  But  it  has  been  urged,  that  the 
French  decree  was  not  promulgated  or  made  known  to  the  Bri 
tish  government  until  a  year  after  its  date.  This  objection  has 
no  force.  By  accepting  an  act  bearing  date  a  year  before  it  was 
promulgated,  it  is  admitted  that  in  the  interval  nothing  was  done 
repugnant  to  it.  It  ^jlfapt  be  presumed  that  any  government 
would  accept  from  another,  as  the  basis  on  which  it  was  to  found 
an  important  measure,  an  act  of  anterior  and  remote  date,  pledg 
ing  itself  to  a  certain  course  of  conduct  which  that  government 
had  in  the  interval  departed  from  and  violated.  If  any  govern 
ment  had  violated  an  act,  the  injunctions  of  which  it  was  bound 
to  observe,  by  an  anterior  one  in  relation  to  a  third  party, 
and  which  it  professed  to  have  observed  before  its  acceptance 
by  the  other,  it  could  not  be  presumed  that  it  would  cease  to 
violate  it  after  the  acceptance.  The  conclusion  is  irresistiblej 

vol..  i.  Y  Y 


170}  HISTORICAL  REGISTER.      [13TH  CONG. 

that  if  the  other  government  did  accept  such  act  with  a  know 
ledge  of  its  antecedent  violation,  as  the  foundation  of  any  mea 
sure  on  its  own  part,  such  act  must  have  been  the  ostensible 
only,  and  not  the  real  motive  to  such  measure. 

The  declaration  of  the  prince  regent  of  the  21st  April,  1812, 
is  in  full  confirmation  of  these  remarks.  By  this  act  of  the 
British  government,  it  is  formally  announced,  on  the  authority 
of  a  report  of  the  secretary  of  foreign  affairs  to  the  conservative 
senate  of  France,  that  the  French  decrees  were  still  in  force, 
and  that  the  orders  in  council  should  not  be  repealed.  It  cannot 
fail  to  excite  considerable  surprise  that  the  British  government 
should  immediately  afterwards,  that  is,  on  the  23d  of  June,  re 
peal  its  orders  in  council,  on  the  ground  of  the  French  decree 
of  the  28th  April,  1811.  By  this  proceeding  the  British  govern 
ment  has  involved  itself  in  manifest  inconsistency.  It  has  main 
tained  by  one  act,  that  the  French  decrees  were  in  full  force, 
and  by  another  that  they  were  repealed  during  the  same  space 
of  time.  It  admits  also,  that  by.no  act  of  the  French  govern 
ment,  or  of  its  cruizers,  had  any  violation  of  the  repeal  announ 
ced  by  the  declaration  of  the  French  government  of  the  5th 
August,  1810,  been  committed,  or,  at  least,  that  such  violation 
had  not  had  sufficient  weight  to  prevent  the  repeal  of  the  orders 
in  council. 

It  was  objected  that  the  declaration  of  the  French  govern 
ment  of  the  5th  August,  1810,  was  not  such  an  act  as  the  British 
government  ought  to  have  regarded.  The  secretary  of  state  is 
thoroughly  satisfied  that  this  objection  is  altogether  unfounded. 
It  was  communicated  by  the  emperor  through  his  highest  offi 
cial  organ,  the  secretary  of  foreign  affairs,  to  the  minister  pleni 
potentiary  of  the  United  States  at  Paris.  It  is  impossible  to 
conceive  an  act  more  formal,  authentic,  or  obligatory  on  the 
French  government  than  that  alluded  to.  Does  one  govern 
ment  ever  ask  or  expect  from  another  to  secure  the  performance 
of  any  duty,  however  important,  more  than  its  official  pledge 
fairly  and  fully  expressed?  Can"  better  security  be  given  for  its 
performance  ?  Had  there  been  any  doubt  on  this  subject,  the 
conduct  of  Great  Britain  herself,  in  similar  cases,  would  have 
completely  removed  it.  The  whole  history  of  her  diplomatic 
intercourse  with  other  powers,  on  the  subject  of  blockade,  is  in 
accord  with  this  proceeding  of  the  French  government.  We 
know  that  when  her  government  institutes  a  blockade,  the  se 
cretary  of  foreign  affairs  announces  it  to  the  ministers  of  other 
powers  at  London,  and  that  the  same  form  is  observed  when 
they  are  revoked.  Nor  was  the  authenticity  of  either  act,  thus 
announced j  ever  questioned. 


IST  SESS.]  STATE  PAPERS.  [171 

Had  a  similar  declaration  been  made  by  the  minister  of 
France  in  the  United  States  to  this  government,  by  the  order 
of  his  own,  would  it  not  have  been  entitled  to  respect,  and  been 
respected?  By  the  usage  of  nations,  such  respect  could  not 
have  been  withheld.  The  arrangement  made  with  Mr.  Erskine, 
is  a  full  prQofof the  good  faith  of  this  government,  and  of  its 
impartiality  in  its  transactions  with  both  the  belligerents.  It 
was  made  with  that  minister  on  the  ground  of  his  public  charac 
ter,  and  the  confidence  due  to  it;  on  which  basis  the  non-inter 
course  was  removed  as  to  England  and  left  in  full  force  against 
France.  The  failure  of  that  arrangement  was  imputable  to  the 
British  government  alone,  who,  in  rejecting  it,  took  on  itself  a 
high  responsibility,  not  simply  in  regard  to  the  consequences 
attending  it,  but  in  disavowing  and  annulling  the  act  of  its  mi 
nister,  without  showing  that  he  had  exceeded  his  authority.  In 
accepting  the  declaration  of  the  French  minister  of  foreign  af 
fairs,  in  proof  of  the  French  repeal,  the  United  States  gave  no 
proof  of  improper  credence  to  the  government  of  France.  On 
a  comparison  of  both  transactions,  it  will  appear  that  if  a  mark 
ed  confidence  and  respect  was  shown  to  either  government,  it 
was  to  that  of  Great  Britain.  In  accepting  the  declaration  of 
the  government  of  France  in  the  presence  of  the  emperor,  the 
United  States  stood  on  more  secure  ground,  than  in  accepting 
that  of  a  British  minister  in  this  country. 

To  the  demand  made  by  the  United  States  of  the  repeal  of 
the  British  orders  in  council,  founded  on  the  basis  of  the  French 
repeal  of  August  5th,  1810,ithe  British  government  replied,  by 
demanding  a  copy  of  the  orders  issued  by  the  French  govern 
ment,  for  carrying  into  eifect  that  repeal ;  a  demand  without 
example  in  the  intercourse  between  nations.  By  this  demand 
it  ceased  to  be  a  question  whether  the  French  repeal  was  of  suf 
ficient  extent,  or  was  founded  on  justifiable  conditions.  The 
pledge  of  the  French  government  was  doubted;  a  scrutiny  was 
to  be  instituted  as  to  the  manner  in  which  it  was  to  be  dischar 
ged,  and  its  faith  preserved,  not  by  the  subsequent  conduct  of 
its  cruizers  towards  the  vessels  of  the  U.  States,  but  by  a  copy 
of  the  orders  given  to  its  cruizers.  Where  would  this  end  ? 
If  the  French  government  intended  a  fraud  by  its  declaration 
of  repeal,  announced  to  the  minister  of  the  United  States,  and 
afterwards  to  this  government,  might  it  not  likewise  commit  a 
fraud  in  any  other  communication  which  it  might  make  ?  If 
credit  was  refused  by  the  British  government  to  the  act  of  the 
French  government,  thus  formally  announced,  is  it  probable 
that  it  would  have  been  given  by  it  to  any  document  of  inferior 
character,  directed  to  its  own  people  ?  Although  it  was  the 
policy,  and  might  be  the  interest  of  the  British  government  to 


mj  HISTORICAL  REGISTER.        [UTH  COM;. 

engage  the  United  States  in  such  a  controversy  with  the  French 
government,  it  was  far  from  comporting  with  their  interests  to 
do  it.  They  considered  it  their  duty  to  accept  the  repeal  alrea 
dy  made  by  the  French  government  of  its  decrees,  and  to  look 
to  its  conduct,  and  to  that  of  its  cruizers,  sanctioned  by  the  go 
vernment,  for  the  faithful  performance  or  violation  of  it.  The 
United  States  having  been  injured  by  both  powers,  were  unwil 
ling,  in  their  exertions  to  obtain  justice  of  either,  to  become 
the  instrument  of  the  other.  They  were  the  less  inclined  to  it 
in  the  present  instance,  from  the  consideration,  that  the  party 
making  the  pressure  on  them,  maintained  in  full  force  its  unlaw 
ful  edicts  against  the  American  commerce,  while  it  could  not 
deny  that  a  considerable  advance,  at  least,  had  been  made  by 
the  other  towards  a  complete  accommodation,  it  being  manifest 
to  the  world,  not  only  that  the  faith  of  the  French  government 
stood  pledged  for  the  repeal  of  its  decrees,  but  that  the  repeal 
did  take  effect  on  the  1st  of  November,  1810,  in  regard  to  the 
United  States;  thatseveral  American  vessels  taken  under  them 
Jiad  been  delivered  up;  and  judicial  decisions  suspended  on  all, 
by  its  order,  and  that  it  also  continued  to  give  the  most  posi 
tive  assurances  that  the  repeal  should  be  faithfully  observed. 

It  has  also  been  urged  that  the  French  repeal  was  conditional, 
and  for  that  reason  could  not  be  accepted.  This  objection  has 
already  been  fully  answered.  It  merits  attention,  however,  that 
the  acts  of  the  British  government  relating  to  this  subject,  par- 
ticularlv  the  declaration  of  the  21st  April,  1812,  and  the  repeal 
of  the  23d  June,  of  the  same  year,  are  equally,  and  in  like  man 
ner  conditional.  It  is  not  a  little  surprising  that  the  British  go 
vernment  should  have  objected  to  a  measure  in  another  govern 
ment,  to  which  it  has  itself  given  a  sanction  by  its  own  acts.  It 
is  proper,  however,  to  remark  that  this  objection  has  been  com 
pletely  waved  and  given  up  by  the  acceptance  of  the  decree  of 
the  28th  April,  1811. 

The  British  government  has  urged  also,  that  it  could  not  con 
fide  in  the  faithful  performance  by  the  French  government  of 
any  engagement  it  might  enter  into  relative  to  the  repeal  of  its 
decrees.  This  objection  would  be  equally  applicable  to  any 
other  compact  to  be  entered  into  with  France.  While  main 
tained,  it  would  be  a  bar  to  any  treaty,  even  to  a  treaty  of  peace, 
between  therm  But  it  also  has  been  admitted  to  be  unfounded 
by  the  acceptance  of  the  decree  of  the  28th  April,  1811. 

The  secretary  of  state  presumes  that  these  facts  and  explana 
tions,  supported  as  they  are  by  authentic  documents,  prove — 
first,  that  the  repeal  of  the  British  orders  in  council  was  not  to 
be  ascribed  to  the  French  decree  bearing  date  on  the  28th 
April,  1811  j  and,  secondly,  that  in  making  that  decree  the 


>oi  SESS.J  STATE  PAPERS.  [1T3 

basis  of  their  repeal,  the  British  government  has  conceded  that 
it  ought  to  have  repealed  them  on  the  ground  of  the  declaration 
of  the  French  government  of  5th  August,  1810^  so  as  to  take 
effect  on  fhe  1st  November  following.  To  what  cause  the 
repeal  of  the  British  orders  in  council  was  justly  attributable 
cannot  now  remain  a  doubt  with  any  who  have  marked,  with  a 
just  discernment,  the  course  of  events.  It  must  afford  great 
consolation  to  the  good  people  of  these  states  to  know,  that  they 
have  not  submitted  to  privations  in  vain. 

The  discussion  of  other  wrongs,  particularly  that  relating  to 
impressment,  had  been  closed  some  time  before  the  period 
alluded  to.  It  was  unworthy  the  character  of  the  United  States 
to  pursue  the  discussion  on  that  difference,  when  it  was  evident 
that  no  advantage  could  be  derived  from  it.  The  right  was 
reserved  to  be  brought  forward  and  urged  again,  when  it  might 
be  done  with  effect.  In  the  mean  time  the  practice  of  impress 
ment  was  persevered  in  with  rigor. 

At  the  time  when  war  was  declared  against  Great  Britain,  no 
satisfactory  arrangement  was  offered,  or  likely  to  be  obtained, 
respecting  impressment,  and  nothing  was  more  remote  from  the 
expectation  of  this  government,  than  the  repeal  of  the  orders  in 
council.  Every  circumstance  which  had  occurred  tending  to 
illustrate  the  policy  and  views  of  the  British  government, 
rendered  such  an  event  altogether  improbable.  From  the  com 
mencement  of  that  svstem  of  hostility  which  Great  Britain  had 
adopted  against  the  United  States,  her  pretensions  had  gradually 
increased,  or  at  least  become  more  fully  unfolded,  according  to 
circumstances,  until,  at  the  moment  when  war  was  declared, 
they  had  assumed  a  character  -which  dispelled  all  prospect  of 
accommodation.  The  orders  in  council  were  said  to  have  been 
adopted  on  a  principle  of  retaliation  on  France,  although  at  the 
time  when  the  order  of  May,  1806,  was  issued,  no  measure  of 
France  had  occurred  on  which  it  could  be  retaliatory,  and  at  the 
date  oF  the  next  order,  January,  1807,  it  was  hardly  possible 
that  this  government  should  have  even  heard  of  the  decree  of 
Berlin  to  which  it  related.  It  was  stated  at  the  time  of  their 
adoption,  and  for  some  time  afterwards,  that  they  should  be  re 
voked  as  soon  as  France  revoked  her  decrees,  and  that  the 
British  government  would  proceed  with  the  government  of 
France  pari  passu  in  the  revocation.  After  the  declaration, 
however,  of  the  French  government  of  the  5th  August,  181O, 
by  which  the  Berlin  and  Milan  decrees  were  declared  to  be  re 
pealed,  the  British  government  changed  its  tone,  and  continued 
to  rise  in  its  demands,  to  the  moment  that  war  was  declared. 
It  objected,  first,  that  the  French  repeal  was  conditional,  and 


174]  HISTORICAL  REGISTER,       [ISin  CONG. 

not  absolute  ;  although  the  only  condition  attached  to  it  was,  that 
Great  Britain  should  follow  the  example,  or  the  United  States 
fulfil  their  pledge,  by  executing  the  non-importation  act  against 
her.  It  was  then  demanded  that  France  should  repeal  her  in 
ternal  regulations,  as  a  condition  of  the  repeal  of  the  British 
orders  in  council.  Next,  that  the  French  repeal  should  be  ex 
tended  to  all  neutral  nations,  as  well  as  to  the  United  States ; 
and  lastly,  that  the  ports  of  her  enemies,  and  all  ports  from 
which  the  British  flag  was  excluded,  should  be  opened  to  Bri 
tish  manufactures  in  American  vessels  :  conditions  so  extrava 
gant  as  to  satisfy  all  dispassionate  minds,  that  they  were  de 
manded  not  in  the  expectation  that  they  would  or  could  be  com 
plied  with,  but  to  terminate  the  discussion. 

On  full  consideration  of  all  circumstances,  it  appeared  that 
the  period  had  arrived,  when  it  became  the  duty  of  the  United 
States  to  take  that  attitude  with  Great  Britain  which  was  due  to 
their  violated  rights,  to  the  security  of  their  most  important  in 
terests,  and  to  their  character  as  an  independent  nation.  To 
have  shrunk  from  the  crisis  would  have  been  to  abandon  every 
thing  valuable  to  a  free  people.  The  surrender  of  our  seamen 
to  British  impressment,  with  the  destruction  of  our  navigation 
and  commerce,  would  not  have  been  its  only  evils.  The  deso 
lation  of  property,  however  great  and  widely  spread,  effects  an 
interest  which  admits  of  repair.  The  wound  is  incurable  only 
which  fixes  a  stigma  on  the  national  honour.  While  the  spirit 
of  the  people  is  unsubdued,  there  will  always  be  found  in  their 
virtue  a  resource  equal  to  the  greatest  dangers,  and  most  trying 
emergencies.  It  is  in  the  nature  of  free  government  to  inspire 
in  the  body  of  the  people  generous  and  noble  sentiments,  and 
it  is  the  duty  of  the  constituted  authorities  to  cherish  and  to  ap 
peal  to  those  sentiments,  and  to  rely  on  the  patriotic  support  of 
their  constituents.  Had  they  proved  themselves  unequal  to  the 
crisis,  the  most  fatal  consequences  would  have  resulted  from  it. 
The  proof  of  their  weakness  would  have  been  recorded  ;  but  not 
on  them  alone  would  its  baneful  effects  have  been  visited.  It 
would  have  shaken  the  foundation  of  the  government  itself,  and 
even  of  the  sacred  principles  of  the  revolution,  on  which  all  our 
political  institutions  depend.  Yielding  to  the  pretensions  of  a  fo 
reign  power,  without  making  a  manly  effort  in  defence  of  our 
rights,  without  appealing  to  the  virtue  of  the  people,  or  to  the 
strength  of  our  union,  it  would  have  been  charged  and  believed 
that  in  these  sources  lay  the  hidden  defects.  Where  would  the 
good  people  of  these  states  have  been  able  to  make  another  stand? 
Where  would  have  been  their  rallying  point?  The  government 
of  their  choice,  having  been  dishonoured,  its  weakness  and  that 


ISTSESS,]  STATE  PAPERS.  [175 

of  their  institutions  demonstrated,  the  triumph  of  the  enemy 
would  have  been  complete.  It  would  also  have  been  durable. 

The  constituted  authorities  of  the  United  Spates  neither 
dreaded  nor  anticipated  these  evils.  They  had  fiull  confidence 
in  the  strength  of  the  union,  in  the  firmness  and  virtue  of  the 
people,  and  were  satisfied,  when  the  appeal  should  be  made,  that 
ample  proof  would  be  afforded  that  their  confidence  had  not  been 
misplaced.  Foreign  pressure,  it  was  not  doubted,  would  soon 
dissipate  foreign  partialities  and  prejudices,  if  such  existed,  and 
unite  us  more  closely  together  as  one  people. 

In  declaring  war  against  Great  Britain,  the  United  States 
have  placed  themselves  in  a  situation  to  retort  the  hostility 
which  they  had  so  long  suffered  from  the  British  government. 
The  maintenance  of  their  rights  was  the  object  of  the  war.  Of 
the  desire  of  this  government  to  terminate  the  war  on  honoura 
ble  conditions,  ample  proof  has  been  afforded  by  the  proposition 
made  to  the  British  government,  immediately  after  the  declara 
tion  of  war,  through  the  charge  des  affaires  of  the  United  States 
at  London,  and  by  the  promptitude  and  manner  of  the  accept 
ance  of  the  mediation  of  the  emperor  of  Russia. 

It  was  anticipated  by  some,  that  a  declaration  of  war  against 
Great  Britain  would  force  the  United  States  into  a  close  con 
nection  with  her  adversary,  much  to  their  disadvantage.  The 
secretary  of  state  thinks  it  proper  to  remark,  that  nothing  is 
more  remote  from  the  fact.  The  discrimination  in  favour  of 
France,  according  to  law,  in  consequence  of  her  acceptance  of 
the  proposition  made  equally  to  both  powers,  produced  a  differ 
ence  between  them  in  that  special  case,  but  in  that  only.  The  war 
with  England  was  declared  without  any  concert  or  communica 
tion  with  the  French  government;  it  has  produced  no  connec 
tion  between  the  United  States  and  France,  or  any  understanding 
as  to  its  prosecution,  continuance,  or  termination.  The  ostensible 
rplation  between  the  two  countries,  is  the  true  and  only  one. 
The  United  States  have  just  claims  on  France  for  spoliations 
on  their  commerce  on  the  high  seas,  and  in  the  ports  of  France, 
and  their  late  minister  was,  and  their  present  minister  is,  instruct 
ed  to  demand  reparation  for  these  injuries,  and  to  press  it  with  the 
energy  ,cjue  to  the  justice  of  their  claims,  and  to  the  character  of 
the  United  States.  The  result  of  the  negotiation  will  be  com-* 
municated  to  congress  in  due  time.  The  papers  marked  (I) 
contain  copies  of  two  letters,  addressed  from  this  department  to 
Mr.  Barlow,  one  of  the  16th  June,  1812,  just  before  the  decla 
ration  of  war,  the  other  of  the  14th  July  following,  which  show 
distinctly  the  relation  existing  between  the  United  Stute'3  and 


176]  HISTORICAL  REGISTER.      [ISTH  CONG. 

France  at  that  interesting  period.     No  change  has  since  occur 
red  in  it. 

All  which  is  respectfully  submitted. 

JAMES  MONROE. 
The  President  of  the  United  States. 

Department  of  State,  July  12,  1813. 

(A.) 

Extract  of  a  letter  from  Mr.  Barlow  to  Mr.  Monroe,  dated  Paris, 
Maif  12,  1812. 

After  the  date  of  my  letter,  of  which  I  have  the  honour  to 
enclose  you  a  copy,  I  found  from  a  pretty  sharp  conversation 
with  the  duke  of  Bassano,  that  there  was  a  singular  reluctance 
to  answering  my  note  of  the  1st  of  May.  Some  traces  of  that 
reluctance  you  will  perceive  in  the  answer  which  finally  came, 
of  which  a  copy  is  here  enclosed.  This,  though  dated  the  10th, 
did  not  come  to  me  till  last  evening.  I  consider  the  communi 
cation  to  be  so  important  in  the  present  crisis  of  our  affairs  with 
England  that  I  despatch  the  Wasp  immediately  to  carry  it  to 
Mr.  Russell,  with  orders  to  return  with  his  answer  as  soon  as 
possible. 

I  am  confident  that  the  president  will  approve  the  motive  of 
my  solicitude  in  this  affair,  and  the  earnest  manner  in  which  I 
pressed  the  minister  with  it,  as  soon  as  my  knowledge  of  the  de 
claration  of  the  prince  regent  enabled  me  to  use  the  argument 
that  belonged  to  the  subject.  When,  in  the  conversation  above 
alluded  to,  the  duke  -first  produced  to  me  the  decree  of  the  28th 
of  April,  1811,  I  made  no  comment  on  the  strange  manner  in 
which  it  had  been  so  long  concealed  from  me,  and  probably 
from  you.  I  only  asked  him  if  that  decree  had  been  published : 
he  said  no  j  but  declared  it  had  been  communicated  to  my  pre 
decessor  here,  and  likewise  sent  to  Mr.  Serrurier  with  orders 
to  communicate  it  to  you.  I  assured  him  it  was  not  among  the 
archives  of  this  legation  ;  that  I  never  before  had  heard  01  it  j 
and  since  he  had  consented  to  answer  my  note,  I  desired  him 
to  send  me  in  that  official  manner,  a  copy  of  that  decree,  and  of 
any  other  documents  that  might  prove  to  the  incredulous  of  my 
country  (not  to  me)  that  the  decrees  of  Berlin  and  Milan  were 
in  good  faith  and  unconditionally  repealed  with  regard  to  the 
United  States;  He  then  promised  me  he  would  do  it,  and  he 
has  performed  his  promise. 

I  send  you  a  copy  of  the  April  decree,  as  likewise  of  the  let 
ter  of  the  grand  judge  and  that  of  the  minister  of  finances, 
though  the  two  latter  pieces  have  been  before  communicated  to 
our  government  and  published, 


ISTSESS.]  STATfc  PAPERS.  [17? 

(B.) 

[Translation.] 

The  duke  of  Bassano  to  Mr.  Barlow* 
Sir,  Paris,  May  10,  1812. 

In  conversing  with  you  about  the  note  which  you  did  me  the 
honour  to  address  to  me  on  the  1st  of  May,  I  could  not  conceal 
from  you  my  surprise  at  the  doubt  which  you  had  expressed  in 
that  note,  respecting  the  revocation  of  the  decrees  of  Berlin  and 
Milan.  That  revocation  was  proven  by  many  official  acts,  by  all 
my  correspondence  with  your  predecessors,  and  with  you,  by 
the  decisions  in  favour  of  American  vessels.  You  have  done 
me  the  honour  to  ask  a  copy  of  the  letters  which  the  granu  judge 
and  the  minister  of  the  finances  wrote  on  the  25th  of  December^ 
1810,  to  secure  the  first  effects  of  that  measure,  and  you  have 
said,  sir,  that  the  decree  of  the  28th  of  April,  1 8 1 1 ,  which  proves 
definitively  the  revocation  of  the  decrees  of  Berlin  and  Milan, 
in  regard  to  the  Americans,  was  not  known  to  you. 

I  have  the  honour  to  send  you,  as  you  have  desired,  a  copy  of 
these  three  acts  ;  you  will  consider  them,  without  doubt,  sir,  as 
the  plainest  answer  which  I  could  give  to  this  part  of  your  note. 
As  to  the  two  other  questions  to  which  that  note  relates,  I  wilji 
take  care  to  lay  them  before  the  emperor.  You  know  already, 
sir,  the  sentiments  which  his  majesty  has  expressed  in  favour  of 
American  commerce,  and  the  good  dispositions  which  have  in 
duced  him  to  appoint  a  plenipotentiary  to  treat  with  you  on  that 
important  interest. 

Accept,  sir,  &c.  &c. 

(Signed)  THE  DUKE  OF  BASSANO. 

Joel  Barlow,  Esq.  fc?c.  &?c.  &c. 

Copy  of  a  letter  from  the  Minister  of  Finance  to  the  Count  of 

Sussij,  counsellor  of  state,  director  general  of  the  customs^ 

dated  December  25,  1810. 

On  the  5th  of  last  August,  the  minister  of  foreign  relations 
wrote  to  Mr.  Armstrong,  minister  plenipotentiary  of  the  United 
States  of  America,  that  the  Berlin  and  Milan  decrees  were  re 
voked,  and  that  after  the  first  of  November  they  would  cease  to 
have  effect,  it  being  well  understood,  that  in  consequence  of  this 
declaration  the  English  would  revoke  their  orders  in  council 
and  renounce  the  new  principles  of  blockade  which  they  wished 
to  establish,  or  that  the  United  States,  in  conformity  to  the 
act  communicated,  should  cause  their  rights  to  be  respected  by 
the  English. 

On  the  communication  of  this  note,  the  president  of  the 
United  States  issued,  on  the  second  of  November,  a  proclama* 

VOL.  T,  Z  Z 


HISTORICAL  REGISTER.       [ISTHCONG. 

tion,  which  announces  the  revocation  of  the  Berlin  and  Milan 
decrees  after  the  first  of  November ;  and  which  declares  that, 
in  consequence  thereof,  all  the  restrictions  imposed  by  the  act  of 
the  first  of  May,  1 809,  should  cease  with  respect  to  France  and 
her  dependencies. 

The  same  day  the  treasury  department  addressed  to  the  col 
lectors  of  the  customs  a  circular,  which  directs  them  to  admit 
into  the  ports  and  waters  of  the  United  States  armed  French 
vessels,  and  enjoins  it  on  them  to  apply,  after  the  second  of  Feb 
ruary  next,  the  law  of  the  first  of  May,  1809,  prohibiting  all 
commercial  relation,  to  English  vessels  of  every  description,  as 
well  as  to  productions  of  the  soil,  industry,  or  commerce  of 
England  and  her  dependencies. 

His  majesty  having  seen,  in  these  two  pieces,  the  enunciation 
of  the  measures  which  the  Americans  propose  taking,  on  the 
second  of  February  next,  to  cause  their  rights  to  be  respected, 
has  ordered  me  to  inform  you,  that  the  Berlin  and  Milan  decrees 
must  not  be  applied  to  any  American  vessels  that  have  entered 
our  ports  since  the  first  of  November,  or  may  enter  in  fu 
ture,  and  that  those  which  have  been  sequestered,  as  being  in 
contravention  of  these  decrees,  must  be  the  object  of  a  special 
report. 

On  the  second  of  February,  I  shall  acquaint  you  with  the  in 
tentions  of  the  emperor  with  regard  to  the  definitive  measures 
to  be  taken  for  distinguishing  and  favouring  the  American  navi 
gation. 

I  have  the  honour  to  salute  you. 

The  Minister  of  Finance, 
(Signed)  THE  DUKE  OF  GAETE. 

[Translation.] 

FRENCH    EMPIRE. 

Paris,  December  26,  1810. 

Copy  of  a  letter  from  his  excellency  the  Grand  Judge,  Minister 
of  Justice,  to  the  Counsellor  of 'State,  President  of  the  Coun 
cil  of  Prizes. 
Mr.  President, 

The  minister  of  foreign  relations,  by  order  of  his  majesty  the 
emperor  and  king,  addressed,  on  the  5th  of  August  last,  to  the 
plenipotentiary  of  the  United  States  of  America,  a  note  con 
taining  the  following  words  : 

"  I  am  authorized  to  declare  to  you  that  the  decrees  of  Berlin 
and  Milan  are  revoked,  and  that  after  the  first  of  November 
they  will  cease  to  have  effect,  it  being  well  understood,  that  in 
consequence  of  this  declaration,  the  English  will  revoke  their 
orders  in  council,  and  renounce  the  new  principles  of  blockade 


IST  SESS.]  STATE  PAPERS.  [179 

which  they  wished  to  establish,  or  that  the  United  States,  in 
conformity  to  the  act  you  have  just  communicated,  will  cause 
their  rights  to  be  respected  by  the  English." 

In  consequence  of  the  communication  of  this  note,  the  presi 
dent  of  the  United  States  issued,  on  the  2d  of  November,  a  pro 
clamation,  to  announce  the  revocation  of  the  decrees  of  Berlin 
and  Milan,  and  declared,  that,  in  consequence  thereof,  all  the  re 
strictions  imposed  by  the  act  of  the  first  of  May,  must  cease 
with  respect  to  France  and  her  dependencies ;  on  the  same  day 
the  treasury  department  addressed  a  circular  to  all  the  collectors 
of  the  customs  of  the  United  States,  which  enjoins  them  to  ad 
mit  into  the  ports  and  waters  of  the  United  States,  armed 
French  vessels ;  prescribes  to  them  to  apply,  after  the  2d  of  Feb 
ruary  next,  to  English  vessels  of  every  description,  and  to  pro 
ductions  arising  from  the  soil  and  industry,  or  the  commerce  of 
England  and  her  dependencies,  the  law  which  prohibits  all  com 
mercial  relations,  if,  at  that  period,  the  revocation  of  the  English 
orders  in  council  and  of  all  the  acts  violating  the  neutrality  of  the 
United  States,  should  not  be  announced  by  the  treasury  depart 
ment. 

In  consequence  of  this  engagement,  entered  into  by  the  go 
vernment  of  the  United  States,  to  cause  their  rights  to  be  re 
spected,  his  majesty  orders,  that  all  the  causes  that  may  be  pend 
ing  in  the  council  of  prizes  of  captures  of  American  vessels, 
made  after  the  first  of  November,  and  those  that  may  in  future 
be  brought  before  it,  shall  not  be  judged  according  to  the  prin 
ciples  of  the  decrees  of  Berlin  and  Milan,  but  that  they  shall  re 
main  suspended  ;  the  vessels  captured  or  seized  to  remain  only 
in  a  state  of  sequestration,  and  the  rights  of  the  proprietors 
being  reserved  for  them  until  the  2d  of  February  next,  the 
period  at  which  the  United  States  having  fulfilled  the  engage 
ments  to  cause  their  rights  to  be  respected,  the  said  captures 
shall  be  declared  null  by  the  council,  and  the  American  vessels 
restored,  together  with  their  cargoes,  to  their  proprietors. 

Receive,  Mr.  President,  the  new  assurances  of  my  most  dis 
tinguished  consideration. 

(Signed)  THE  DUKE  OF  MESSA. 

[Translation.] 

Palace  of  St.  Cloud,  April 2%,  1811. 

NAPOLEON,  EMPEROR  OF  THE  FRENCH,  &C.  &C. 

On  the  report  of  our  minister  of  foreign  relations  : 
Seeing  by  a  law  passed  on  the  2d  of  March,  1811,  the  con 
gress  of  the  United  States  has  ordered  the  execution  of  the  pro 
visions  of  the  act  of  non-intercourse,  which  prohibits  the  vessels 
and  merchandize  of  Great-Britain,  her  colonies  and  dependen 
cies,  from  entering  into  the  ports  of  the  United  States ; 


180]  HISTORICAL  REGISTER.        [ISTH  CONG. 

Considering  the  said  law  is  an  act  of  resistance  to  the  arhitra- 
3ry  pretensions  consecrated  by  the  British  orders  in  council,  and 
a  formal  refusal  to  adhere  to  a  system  invading  the  inpependence 
of  neutral  powers,  and  of  their  flag,  we  have  decreed,  and  do 
decree  as  follows  : 

The'decrees  of  Berlin  and  Milan  are  definitively,  and  to  date 
from  the  first  of  November  last,  considered  as  not  having  exist 
ed  (non  avenus)  in  regard  to  American  vessels. 

(Signed)  NAPOLEON. 

By  the  emperor. 

The  minister  secretary  of  state, 
(Signed)  THE  COUNT  DARA. 


Extract  of  a  letter  from  Mr.  Barlow  to  Mr.  Russell. 

Paris,  May  11,  1812. 

I  have  concluded  to  despatch  the  Wasp  to  England,  expressly 
to  carry  to  you  the  documents  herewith  enclosed. 

I  was  not  a  little  surprised  to  learn  by  the  declaration  of  the 
prince  regent  in  council,  of  the  21st  of  April,  that  it  was  still 
believed  by  the  British  government  that  the  French  decrees  of 
Berlin  and  Milan  yet  remained  in  force,  as  applicable  to  the 
United  States.  On  reading  that  declaration,  I  therefore  ad 
dressed  to  the  duke  of  Bassano  a  note,  bearing  date  the  1st  of 
May,  of  which  I  enclose  you  a  copy. 

This  drew  from  him  the  answer  of  which  I  likewise  hand  you 
a  copy,  with  the  three  documents  that  accompanied  it.  The 
most  remarkable  of  these  is  the  decree  of  the  28th  April,  1811. 
This  piece  I  had  never  before  seen  ;  it  appears  that  it  had  not 
been  published  at  the  time  of  its  date,  and  not  finding  it  among 
the  archives  of  this  legation,  I  suspect,  that,  by  some  omission 
or  neglect,  it  was  not  communicated  to  you,  as  it  ought  to  have 
been.  The  duke,  however,  assures  me  that  it  was  so  commu 
nicated.  Be  this  as  it  may,  I  am  convinced  it  has  not  been  made 
known  to  the  British  government. 

(D.) 

Extract  of  a  letter  from  Mr.  Russell  to  Mr.  Barlow. 

London^  May  29, 1812. 

Your  letter  of  the  llth  of  this  month,  with  its  inclosures,  was 
handed  me  on  the  20th,  and  I  immediately  communicated  copies 
of  the  letters  from  the  French  ministers  of  the  21st  of  December, 
1810,  and  also  of  the  decree  of  the  28th  of  April,  1811,  to  this 
government.  The  letters  were  already  known,  but  the  decree, 
from  the  cause  undoubtedly  which  you  so  justly  assign,  namely, 


1STSESS.]  STATE  PAPERS.  [181 

44  an  omission  or  neglect  in  not  having  communicated  it  to  me," 
was  entirely  new. 

The  duke  of  Bassano  has  unquestionably  full  faith  in  what  he 
assures  you,  but  the  date  of  the  decree  is  so  very  remote,  that 
it  is  not  surprising  that  our  memories  should  not  accord  on  the 
subject. 

(E.) 
Extract  of  a  letter  from  Mr.  Russell  to  Mr.  Monroe. 

London,  May  30,  18 12. 

With  regard  to  the  French  decree  of  the  28th  of  April,  1811, 
Mr.  Barlow,  in  a  letter  to  me,  makes  the  following  remarks  : 
41  This  piece  I  had  never  before  seen  ;  it  seems  that  it  had  not 
been  published  at  the  time  of  its  date,  and  not  finding  it  among 
the  archives  of  this  legation,  I  suspect  that,  by  some  omission 
or  neglect,  it  was  not  communicated  to  you,  as  it  ought  to  have 
been.  The  duke  assures  me  that  it  was  so  communicated.  Be 
this  as  it  may,  I  am  convinced  it  has  not  been  made  known  to 
the  British  government."  I  content  myself  with  saying,  that, 
until  communicated  to  me  by  Mr.  Barlow,  I  had  never  heard 
of  such  a  thing.  I  persuade  myself  that  there  is  no  necessity  of 
my  adding  any  further  explanation  or  comment  on  this  strange 
business. 

With  great  respect,  I  am,  sir,  &c. 

(Signed)  JONA.  RUSSELL. 

(F-) 
Mr.  Russell  to  Mr.  Monroe. 

Sir,  London,  25th  May,  1812. 

I  have  the  honour  to  hand  you  herein  a  copy  of  my  note  of 
the  20th  of  this  month,  communicating  to  lord  Castlereagh  a 
decree  of  the  French  government  dated  the  28th  of  April,  1811, 
and  two  letters  of  the  French  minister's,  of  the  25th  of  Decem 
ber,  1810.  I  also  send  you  copies  of  that  decree  and  of  a  note 
from  his  lordship,  acknowledging  the  receipt  of  my  communica 
tion,  an'd  engaging  to  submit  the  documents  above  mentioned  to 
his  royal  highness  the  prince  regent. 

I  have  the  honour  to  be,  with  profound  respect,  sir,  your 
faithful  servant, 

(Signed)  JONA.  RUSSELL. 

The  hon.  James  Monroe^  &c. 


182]  HISTORICAL  REGISTER.     [13TH  CONG. 

Mr.  Russell  to  Lord  Castlereagh. 

\%,Bentinck  Street,  May  20,  1812. 

The  undersigned,  charge  des  affaires  of  the  United  States  of 
America,  has  the  honour  to  transmit  to  lord  Castlereagh  authen 
tic  copies  of  a  decree  purporting  to  be  passed  by  the  emperor  of 
the  French,  on  the  28th  day  of  April,  1811;  of  a  letter  address 
ed  by  the  French  minister  of  finances  to  the  director  general 
of  the  customs,  on  the  25th  day  of  December,  1810  ;  and  of 
another  letter  of  the  same  date  from  the  French  minister  of  jus 
tice  to  the  president  of  the  council  of  prizes. 

As  these  acts  explicitly  recognize  the  revocation  of  the  Berlin 
and  Milan  decrees,  in  relation  to  the  United  States,  and  dis 
tinctly  make  this  revocation  to  take  effect  from  the  1st  day  of 
November,  1810 ;  the  undersigned  cannot  but  persuade  him 
self  that  they  will,  in  the  official  and  authentic  form  in  which 
they  are  now  presented  to  his  Britannic  majesty's  government, 
remove  all  doubt  with  respect  to  the  revocation  in  question,  and, 
joined  with  all  the  powerful  considerations  of  justice  and  ex 
pediency,  so  often  suggested,  lead  to  a  like  repeal  of  the  British 
orders  in  council,  and  thereby  to  a  renewal  of  that  perfect  amity 
and  unrestricted  intercourse  between  this  country  and  the 
United  States,  which  the  obvious  interests  of  both  nations  re 
quire. 

The  undersigned  avails  himself  of  this  occasion  to  assure  his 
lordship  of  his  highest  consideration. 

(Signed)  JONA.  RUSSELL. 

The  right  honourable  lord  viscount  Castlereagh,  &c. 

Note.  For  the  enclosures,  see  correspondence  between  Mr. 
Barlow  and  the  duke  of  Bassano,  communicated  herewith. 

Lord  Castl(reagh  to  Mr.  Russell. 

Foreign  Office,  May  23,  1812. 

Lord  Castlereagh  presents  his  compliments  to  Mr.  Russell, 
and  has  the  honour  to  acknowledge  the  receipt  of  his  official 
note  of  the  21st  instant,  transmitting  copies  of  two  official  letters 
of  the  French  minister's,  dated  December  25th,  1810,  and  of  a 
decree  of  the  French  government,  bearing  date  the  28th  of 
April,  1811. 

Lord  Castlereagh  will  immediately  lay  these  documents 
before  his  royal  highness  the  prince  regent,  and  avails  himself 
of  this  opportunity  to  renew  to  Mr.  Russell  the  assurances  of 
his  high  consideration. 

Jonathan  Russell^  esq.  fcfc.  &?c. 


ISTSESS.]  STATE  PAPERS.  [183 

(G.) 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  May  25,  1812. 

The  assassination  of  Mr.  Perceval  has  led  to  a  dissolution  of 
his  ministry,  and  I  hope  may  lead  to  an  abandonment  ot  his 
system  as  far  as  we  are  concerned. 

The  vote  on  the  motion  of  Mr.  Stewart  Wortley,  on  the 
21st,  for  an  address  to  the  prince  regent,  to  form  a  more  effi 
cient  administration,  has  driven  the  old  ministers  to  offer  their 
resignation.  The  new  arrangements  are  entrusted  to  lord  Wel- 
lesley,  but  nothing  is  yet  effected. 

Mr.  Canning  appears  to  be  associated  with  his  lordship  in 
this  business,  which  I  cannot  consider  as  a  circumstance  very 
auspicious  to  us. 

There  will,  undoubtedly,  be  much  difficulty  in  forming  the 
new  cabinet;  none  of  the  old  ministers  will  act  under  lord  Wel- 
lesley,  he  having  so  recently  refused  to  act  under  them.  Be 
sides  there  is  considerable  difference  on  essential  points  of  policy. 
The  members  of  opposition  have  a  repugnance  to  act  under 
any  leader  not  taken  from  their  own  ranks,  and  they  certainly 
will  not  constitute  a  part  of  any  administration  that  does  not 
adopt  their  system. 

The  probability  therefore  is,  that  either  lord  Wellesley  and 
Mr.  Canning  will  not  succeed  in  performing  the  task  imposed 
upon  them,  or  that  they  will  perform  it  so  imperfectly  as  to  ex 
pose  their  work  to  early  destruction. 

Whatever  may  be  the  ingredients  of  which  the  new  cabinet 
may  be  composed,  I  am  not  altogether  without  hope  that  the 
orders  in  council  will  be  modified  if  not  removed.  The  effects 
of  our  embargo,  the  evidence  before  parliament  of  the  distresses 
occasioned  by  those  orders,  and  the  change  of  ministers  itself, 
afford  both  cause  and  colour  for  this  proceeding. 

I  say  nothing  of  the  French  decree,  of  which  I  this  day  send 
you  a  copy,  as,  without  the  circumstances  just  mentioned,  it 
would,  I  am  persuaded,  have  been  disregarded. 

I  shall  dismiss  the  Wasp  as  soon  as  the  new  ministry  is 
formed,  or  before,  unless  that  event  happens  in  few  days.  She 
will  return  to  Cherburg. 

With  great  respect,  I  am,  &c. 
(Signed)  JONA.  RUSSELL. 

Extract  of  a  letter  from  Mr.  Russell  to  Mr.  Monroe. 

London,  June  13,  1812. 

The  difficulty  which  has  been  encountered  in  forming  a 
new  cabinet,  has  appeared  to  render  it  necessary  to  support  the 


184]  HISTORICAL  REGISTER.        [ISTHCONG. 

old  one ;  and  upon  this  ground  the  house  of  commons  appear 
to  have  acted  last  evening,  in  giving  to  ministers,  on  the  second 
motion  of  M»\  Wortley,  a  majority  of  125. 

Notwithstanding  these  inauspicious  circumstances  and  all  the 
prejudice  of  the  men  now  in  place,  respecting  the  United  States, 
yet  I  know  not  how  the  orders  in  council  can  be  maintained 
without  the  most  serious  consequences  both  to  this  government 
and  country.  It  is  impossible,  in  the  face  of  the  evidence  now 
before  parliament,  to  deny  the  vital  importance  of  our  intercourse 
to  this  nation,  and,  obstinate  as  the  ministry  is,  I  do  not  entirely 
despair  that  it  will  be  forced  from  its  system,  or  from  power. 
I  have  some  slender  hope  that  this  evidence  may,  even  on  the 
motion  of  Mr.  Brougham  on  Tuesday  next,  produce  some 
change,  although  it  hardly  seems  probable  that  the  ministers 
will  allow  the  question  to  come  on  without  the  certainty  of  a 
triumph. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  June  18,  1812. 

I  hand  you  herein  the  Times  of  yesterday,  containing  the 
debate  in  the  house  of  commons  on  the  preceding  evening, 
relative  to  the  orders  in  council.  From  this  debate  it  appears 
that  these  measures  are  to  be  abandoned,  but  as  yet  no  official 
extinction  of  them  has  been  announced.  The  time  already 
elapsed  since  the  declaration  of  lord  Castlereagh,  excites  a  sus 
picion  that  either  the  promised  revocation  will  not  take  place,  or, 
what  is  more  probable,  some  other  measure,  equally  unjust,  is 
now  under  consideration,  to  replace  those  which  are  to  be  re 
voked. 

I  hope,  until  the  doings  here  are  ascertained  with  certainty 
and  precision,  there  will  be  no  relaxation  on  our  part. 

With  great  respect,  your  very  obedient  servant, 

(Signed)  JONA.  RUSSELL. 

Extracts  of  a  letter  from  Mr.  Russell  to  Mr.  Monroe. 

London,  June  30,  1812. 

I  have,  at  length,  had  the  satisfaction  to  announce  to  you,  in 
my  letters  of  the  26th  instant,  the  revocation  of  the  orders  in 
council. 

Yovi  will,  without  doubt,  be  somewhat  surprised  that  this  re 
vocation  is  founded  on  the  French  decree  of  the  28th  of  April, 
1811. 

The  real  cause  of  the  revocation  is  the  measures  of  our  go 
vernment.  These  measures  have  produced  a  degree  of  distress 
among  the  manufacturers  of  this  country  that  was  becoming  in- 


IST  SESS.]  STATE  PAPERS.  [185 

tolerable;  and  an  apprehension  of  still  greater  misery,  from 
the  calamities  of  war,  drove  them  to  speak  a  language  which 
could  not  be  misunderstood  or  disregarded. 

Many  members  of  the  house  of  commons,  who  had  been  the 
advocates  of  the  orders  in  council,  particularly  Mr.  Wilber- 
force,  and  others  from  the  northern  counties,  were  forced 
now  to  make  a  stand  against  them,  or  to  meet  the  indigna 
tion  of  their  constituents  at  the  approaching  election.  It  is, 
therefore,  the  country^  and  not  the  opposition,  which  has 
driven  the  ministers  to  yield  on  this  occasion,  and  the  elo 
quence  of  Mr.  Brougham  would  have  been  in  vain  had  it 
been  destitute  of  this  support. 

What  has  now  been  done,  has  been  most  reluctantly  done, 
and  yielded  to  coercion  instead  of  being  dictated  by  a  spirit 
of  justice  and  conciliation.  The  ministers  were  resolved  to 
concede  nothing  until  the  last  extremity.  Lord  Castlereagh 
undoubtedly  went  down  to  the  house  of  commons  on  the  16th 
instant,  determined  to  preserve  the  orders  in  council  in  their 
full  force,  and  when  he  perceived  that  he  should  be  in  the 
minority,  he  endeavoured  to  compromise  by  giving  up  as  lit 
tle  as  possible. 

It  was  decided  by  the  cabinet,  in  consequence  of  the  vague 
declarations  of  his  lordship  on  that  night,  to  suspend  the  or 
ders  in  council,  and  to  make  this  suspension  to  depend  upon 
conditions  to  be  previously  proposed  to  the  United  States. 
Driven  from  this  ground  by  the  motion  of  Mr.  Brougham 
for  the  call  of  the  house,  for  Thursday  the  25th  of  this  month, 
the  ministers  at  length  issued  the  order  of  the  23d;  and  even 
this  order  was  carried  in  the  cabinet  by  a  small  majority  only, 
five  members  voting  against  it.  With  these  facts  before  my 
eyes,  I  feel  myself  constrained  to  chasten  my  exultation  on 
what  has  taken  place,  with  some  fear  of  a  return  of  the  old 
injustice  in  a  new  form. 

(HO 

Mr.  Graham  to  Mr.  Russell. 
Sir,  Department  of  State,  August  9th,  1812. 

The  secretary  left  this  city  about  ten  days  ago,  on  a  short 
visit  to  Virginia.  Since  that  period,  Mr.  Baker  has,  in  conse 
quence  of  some  despatches  from  his  government,  addressed 
to  Mr.  Foster,  made  to  me  a  communication  respecting  the 
intentions  of  his  government  as  regards  the  orders  in  coun 
cil.  It  was  of  a  character,  however,  so  entirely  informal  and 
confidential,  that  Mr.  Baker  did  not  feel  himself  at  liberty  to 
make  it  in  the  form  of  a  note  verbal  or  pro  memoria,  or  even 
permit  me  to  take  a  memorandum  of  it  at  the  time  he  made 

VOL.  i.  3  A 


186]  HISTORICAL  REGISTER.     [13TH  CONG. 

it.  As  it  authorizes  an  expectation  that  something  more  pre 
cise  and  definite,  in  an  official  form,  may  soon  be  received  by 
this  government,  it  is  the  less  necessary  that  I  should  go  into 
an  explanation  of  the  views  of  the  president  in  relation  to  it, 
more  particularly  as  the  secretary  of  state  is  daily  expected, 
and  will  be  able  to  do  it  in  a  more  satisfactory  manner. 

I  refer  you  to  the  enclosed  papers  for  information  as  to  the 
maritime  and  military  movements  incident  to  the  war,  and 
will  add,  that  the  president  is  anxious  to  know  as  soon  as  pos 
sible  the  result  of  the  proposals  you  were  authorized  to  make 
to  the  British  government  respecting  an  armistice.  He  con 
siders  them  so  fair  and  reasonable,  that  he  cannot  but  hope 
that  they  will  be  acceded  to,  and  thus  be  the  means  of  has 
tening  an  honourable  and  permanent  peace. 
I  have  the  honour,  &c.  &c. 
(Signed)  JOHN  GRAHAM. 

Jonathan  Russell,  Esq^  &c.  &c.  £sPc. 

Mr.  Graham  to  Mr.  Russell. 

Sir,  Department  of  State,  August  10th,  1812. 

Thinking  that  it  may  possibly  be  useful  to  you,  I  do  myself 
the  honour  to  enclose  a  memorandum  of  the  conversation  be 
tween  Mr.  Baker  and  myself,  alluded  to  in  my  letter  of  this 
date.  From  a  conversation  with  Mr.  Baker  since  this  memo 
randum  was  made,  I  find  that  I  was  correct  in  representing 
to  the  president,  that  the  intimation  from  Mr.  Foster  and  the 
British  authorities  at  Halifax  was  to  be  understood  as  connect 
ed  with  a  suspension  of  hostilities  on  the  frontiers  of  Canada. 

I  have  the  honour,  &c.  &c. 
(Signed)  JOHN  GRAHAM. 

Jonathan  Russell,  Esq.,  &c.  &Pc.  fcfc. 

Memorandum  referred  to  in  the  above  letter. 
Mr.  Baker  verbally  communicated  to  me  for  the  information 
of  the  president,  that  he  had  received  despatches  from  his  go 
vernment,  addressed  to  Mr.  Foster  (dated,  I  believe,  about  the 
1  Tth  June),  from  which  he  was  authorized  to  say,  that  an  of 
ficial  declaration  would  be  sent  to  this  country,  that  the  orders 
in  council,  so  far  as  they  affected  the  United  States,  would 
be  repealed  on  the  1st  August,  to  be  revived  on  the  1st  May, 
1813,  unless  the  conduct  of  the  French  government,  and  the 
result  of  the  communications  with  the  American  government, 
should  be  such  as,  in  the  opinion  of  his  majesty,  to  render 
their  revival  unnecessary.  Mr.  Baker  moreover  stated,  that 
the  orders  would  be  revived,  provided  the  American  govern- 


ISTSESS.]  STATE  PAPERS.  [187 

ment  did  not,  within  14  days  after  they  received  the  official 
declaration  of  their  repeal,  admit  British  armed  vessels  into 
their  ports,  and  put  an  end  to  the  restrictive  measures  which 
had  grown  out  of  the  orders  in  council. 

The  despatches  authorizing  the  communication  to  the  Ame 
rican  government,  expressly  directed  that  it  should  be  made 
verbally,  and  Mr.  Baker  did  not  consider  himself  at  liberty 
to  reduce  it  to  writing,  even  in  the  form  of  a  note  verbal  or 
pro  memoria,  or  to  suffer  me  to  take  a  memorandum  of  his 
communication  at  the  time  he  made  it.   I  understood  from 
him  that  the  despatches  had  been  opened  by  Mr.  Foster  at 
Halifax,  who,  in  consequence  of  a  conversation  he  had  had 
with  vice-admiral  Sawyer  and  sir  John  Sherbroke,  had  autho 
rized  Mr.  Baker  to  say,  that  these  gentlemen  would  agree,  as 
a  measure  leading  to  a  suspension  of  hostilities,  that  all  cap 
tures  made  after  a  day  to  be  fixed,  should  not  be  proceeded 
against  immediately,  but  be  detained  to  await  the  future  de 
cision  of  the  two  governments.  Mr.  Foster  had  not  seen  sir 
George  Prevost,  but  had  written  to  him  by  express,  and  did 
not  doubt  but  that  he  would  agree  to  an  arrangement  for  the 
temporary  suspension  of  hostilities.   Mr.  Baker  also  stated, 
that  he  had  received  an  authority  from  Mr.  Foster  to  act  as 
charge  des  affaires,  provided  the  American  government  would 
receive  him  in  that  character,  for  the  purpose  of  enabling  him 
officially  to  communicate  the  declaration  which  was  to  be  ex 
pected  from  the  British  government,  his  functions  to  be  un 
derstood,  of  course,  as  ceasing  on  the  renewal  of  hostilities. 
I  replied,  that  although  to  so  general  and  informal  a  commu 
nication  no  answer  might  be  necessary,  and  certainly  no  par 
ticular  answer  expected,  yet  I  was  authorized  to  say,  that  the 
communication  is  received  with  sincere  satisfaction,  as  it  is 
hoped,  that  the  spirit  in  which  it  was  authorized  by  his  go 
vernment  may  lead  to  such  further  communications  as  will 
open  the  way,  not  only  for  an  early  and  satisfactory  termina 
tion  of  existing  hostilities,  but  to  that  entire  adjustment  of  all 
the  differences  which  produced  them,  and  to  that  permanent 
peace  and  solid  friendship  which  ought  to  be  mutually  desired 
by  both  countries,  and  which  is  sincerely  desired  by  this. 

With  this  desire,  an  authority  was  given  to  Mr.  Russell  on 
the  subject  of  an  armistice,  as  introductory  to  a  final  pacifica 
tion,  as  has  been  made  known  to  Mr.  Foster;  and  the  same 
desire  will  be  felt  on  the  receipt  of  the  further  and  more  par 
ticular  communications  which  are  shortly  to  be  expected. 

With  respect  to  the  joint  intimation  from  Mr.  Foster  and 
the  British  authorities  at  Halifax,  on  the  subject  of  suspending 


188]  HISTORICAL  REGISTER.     [ISTHCONG. 

judicial  proceedings  in  the  case  of  maritime  captures,  to  be  ac 
companied  by  a  suspension  of  military  operations,  tbe  autho 
rity  given  to  Mr.  Russell,  just  alluded  to,  and  of  which  Mr. 
Foster  was  the  bearer,  is  full  proof  of  the  solicitude  of  the  go 
vernment  of  the  United  States  to  bring  about  a  general  sus 
pension  of  hostilities  on  admissible  terms,  with  as  little  delay 
as  possible.  It  was  not  to  be  doubted,  therefore,  that  any  other 
practicable  expedient  for  attaining  a  similar  result  would  rea 
dily  be  concurred  in.  Upon  the  most  favourable  consideration 
however,  which  could  be  given  to  the  expedient  suggested 
through  him,  it  did  not  appear  to  be  reducible  to  any  practi 
cal  shape  to  which  the  executive  would  be  authorized  to  give 
it  the  necessary  sanction.  Nor  indeed  is  it  probable,  that  if 
it  was  less  liable  to  insuperable  difficulties,  that  it  could  have 
any  material  effect  previous  to  the  result  of  the  pacific  advance 
made  by  this  government,  and  which  must,  if  favorably  re 
ceived,  become  operative  as  soon  as  any  other  arrangement 
that  could  now  be  made.  It  was  stated  to  Mr.  Baker,  that  the 
president  did  not,  under  existing  circumstances,  consider  Mr. 
Foster  as  vested  with  the  power  of  appointing  a  charge  des 
affaires,  but  that  no  difficulty,  in  point  of  form,  would  be  made, 
as  any  authentic  communication  through  him  or  any  other 
channel,  would  be  received  with  attention  and  respect. 

ao 

Mr.  Monroe  to  Mr.  Barlow. 
Sir,  Department  of  State,  June  16,  1812. 

An  act  declaring  war  against  Great  Britain  will  probably 
pass  both  houses  of  congress  on  this  day  or  to-morrow.  It 
has  already  passed  the  house  of  representatives,  and,  from 
what  is  known  of  the  disposition  of  the  senate,  its  assent  is 
expected  without  delay. 

This  result  has  grown  out  of  the  continued  aggressions  of 
that  power  on  our  commerce.  Propositions  were  made  in  both 
houses  of  congress  to  comprise  France  in  the  same  declaration, 
and  in  the  senate  the  vote  was  15  for,  to  17  against  it.  In  the 
other  house  the  majority  against  it  was  proportionably  greater. 
Its  defeat  in  both  houses  has  been  doubtless,  in  a  great  measure, 
owingto  a  passage  in  your  last  letter,which  intimated  the  inten 
tion  of  the  French  government  to  make  some  proposition  in  fa 
vour  of  indemnities,  to  be  comprised  in  the  treaty  you  were  ne 
gotiating,  whereby  an  expectation  was  excited  tbat  that  interest 
would  be  provided  for,  and  satisfaction  given  on  the  other 
grounds  of  complaint  against  France.  The  sentiment  in  both 
houses,  as  it  is  with  the  nation  generally,  produced  by  so  many 
acts  of  injustice,  for  which  reparation  has  not  been  made,  is 


IST  SESS.]  STATE  PAPERS.  [189 

strong  against  France.  The  arrival  of  the  Wasp,  which  you 
promised  to  despatch  in  two  or  three  weeks  from  the  date  of 
your  lastletter,  with  the  result  of  your  labours,  and  which  may 
be  now  daily  expected,  was  another  motive  for  delaying  ulte 
rior  measures  with  respect  to  her.  In  advising  the  war  against 
England,  was  distinctly  implied  by  the  late  message,  which 
brought  that  subject  under  consideration,  the  president  stated 
to  congress  his  strong  dissatisfaction  with  the  conduct  of  the 
French  government  on  every  former  ground  of  complaint, 
and  to  which  others  of  more  recent  date  have  been  added, 
with  the  single  exception  of  the  repeal  of  the  decrees.  He  pro 
mised  also  to  bring  our  affairs  with  that  power  fully  before 
congress,  as  soon  as  he  should  receive  the  communications 
which  you  had  promised  to  forward  by  the  Wasp.  I  com 
municate  these  facts,  which  are  of  a  character  too  marked  to 
require  any  comment,  that  you  may  be  enabled  to  turn  them 
to  the  best  account  in  promoting  an  amicable  accommodation 
with  the  French  government  of  every  wrong  received  from 
it,  which  is  sincerely  desired. 

You  were  informed  by  my  letter  of  the  6th  of  May,  of  such 
outrages  committed  by  a  squadron  which  was  reported  to  have 
sailed  from  Nantz  in  January  last,  as  were  at  that  time  known 
here.  It  appears  that  several  vessels  sailing  from  American 
ports  to  Lisbon  and  Cadiz  laden  with  the  productions  of  the 
United  States,  were  seized  and  burnt  at  sea.  The  crews  of 
these  vessels  were  taken  on  board  one  of  the  French  vessels, 
and  afterwards  transferred  to  another  of  our  vessels  engaged 
in  the  same  trade,  which  was  also  seized,  in  which  they  made 
their  way  home.  These  men  forwarded  here  the  evidence  of 
these  acts,  copies  of  which  have  already  been  transmitted  to 
you.  I  forward  to  you  by  this  conveyance,  the  evidence  of 
other  aggressions,  which  will  claim,  in  like  manner,  your  par 
ticular  attention.  Most  of  these  documents  have  been  laid 
before  congress,  and  referred  by  it  to  this  department. 

You  will  analize  all  these  cases  of  recent  spoliations,  and 
place  them  in  the  class  of  aggressions  to  which  they  several 
ly  belong,  on  principle.  In  demanding  of  Great  Britain  the 
repeal  of  her  orders  in  council,  on  the  ground  of  the  repeal 
of  the  French  decrees,  this  government  has,  from  a  regard 
to  justice,  given  to  France  all  the  credit  to  which  she  had  any 
claim,  believing  that  the  notification  alone  of  the  French 
minister  of  foreign  affairs,  to  the  minister  plenipotentiary  of 
the  United  states  at  Paris,  of  their  repeal,  was  sufficient  to 
justify  the  demand  of  the  repeal  of  the  orders  in  council  of 
Great  Britain,  on  her  own  principle.  But  it  was  never  the 


190]  HISTORICAL  REGISTER.     [ISTH  CONG. 

intention  of  this  government  to  concede  to  France  any  thing 
on  that  subject,  to  which  she  was  not  fairly  entitled.  On  the 
contrary,  it  has  been  its  intention,  as  is  sufficiently  evident  by 
your  first  instructions,  to  exact  from  her  a  most  strict  and  ri- 
dorous  compliance  with  her  pledge,  in  regard  to  the  repeal.  If 
any  act  in  violation  of  that  pledge  has  been  committed,  you 
will  riot  fail  to  point  it  out,  in  the  most  distinct  manner,  to 
the  French  government,  and  to  communicate  to  this  depart 
ment,  without  delay,  any  answer  which  you  may  receive  from 
it.  I  have  to  add,  admitting  that  the  repeal  of  the  decrees  is 
observed  with  perfect  good  faith,  that  if  the  French  govern 
ment  has  given  other  orders,  or  permits  acts  of  another  char 
acter,  which  violate  our  rights,  the  wrong  will  not  be  less  sen 
sibly  felt  or  less  resented  by  this  government. 

Your  despatches  by  the  Hornet  were  received  on  the  22d 
May.  They  are  the  last  which  have  come  to  hand. 
I  have  the  honour,  &c.  &c. 

(Signed)  JAMES  MONROE. 

Joel  Barlow,  esq.  &c,  &c. 

Mr.  Monroe  to  Mr.  Barlow. 
Sir,  Department  of  State,  July  14,  1812. 

Your  letters  by  the  Wasp  were  received  on  the  13th  instant. 

I  make  this  acknowledgment  in  the  hope  that  it  may  reach 
Mr.  Morton  at  Baltimore,  and  be  conveyed  with  the  letters 
and  documents  with  which  he  is  already  charged  for  you. 

The  president  has  seen  with  great  surprise  and  concern 
that  the  government  of  France  had  made  no  accommodation 
to  the  United  States  on  any  of  the  important  and  just  grounds 
of  complaint  to  which  you  had  called  its  attention,  according 
to  your  instructions,  given  at  the  time  of  your  departure,  and 
repeated  in  several  communications  since.  It  appears  that  the 
same  oppressive  restraints  on  our  commerce  were  still  in 
force;  that  the  system  of  licence  was  persevered  in;  that  in 
demnity  had  not  been  made  for  spoliations,  nor  any  pledge 
given  to  inspire  confidence  that  any  would  be  made.  More 
recent  wrongs,  on  the  contrary,  and  of  a  very  outrageous 
character,  have  been  added  to  those  with  which  you  were  ac 
quainted  when  you  left  the  United  States.  By  documents  for 
warded  to  you  in  my  letter  of  21st  March,  you  were  inform 
ed  of  the  waste  of  our  commerce,  made  by  a  squadron  from 
Nantz,  in  January  last,  which  burnt  many  of  our  vessels  tra 
ding  to  the  ceninsuia.  For  these  you  were  also  instructed  to 
demand  redress. 

It  is  hoped  that  the  government  of  France,  regarding  with 


IST  SESS.]  STATE  PAPERS.  [191 

a  prudent  foresight  the  probable  course  of  events,  will  have 
some  sensibility  to  its  interest,  if  it  has  none  to  the  claims  of 
justice,  on  the  part  of  this  country. 

On  the  French  decree  of  the  28th  of  April,  1811,  I  shall 
forbear  to  make  any  observations  which  have  already  occur 
red,  until  all  the  circumstances  connected  with  it  are  better 
understood.  The  president  approves  your  effort  to  obtain  a 
copy  of  that  decree,  as  he  does  the  communication  of  it  after 
wards  to  Mr.  Russell.  I  have  the  honour  to  be,  &c.  &c. 

JAMES  MONROE. 
Joel  Barlow,  esq.  &c.  &?c. 

Message  from  the  President  of  the  United  States, transmitting 
sundry  documents  relating  to  a  declaration  and  order  in  coun~ 
cilofthe  British  government,  of  the  2\st  of  April,  1812. 

To  the  House  of  Representatives  of  the  United  States. 

I  transmit  to  the  house  of  representatives  a  report  of  the 
secretary  of  state  containing  the  information  requested  by 
their  resolution  of  the  21st  of  June  last. 

Washington,  12th  July,  1813.     JAMES  MADISON. 

The  secretary  of  state,  to  whom  was  referred  the  resolution 
of  the  house  of  representatives,  of  the  21st  of  June,  request 
ing  copies  of  a  declaration  and  order  in  council  of  the  British 
government  of  the  21st  of  April,  1812,  has  the  honour  to  lay 
before  the  president  copies  of  these  papers,  together  with  a 
copy  of  the  correspondence  relating  to  them. 

JAMES  MONROE. 
Department  of  State,  July  12th,  1813. 

Declaration  and  Order  in  Council  of  the  British  government, 
dated2lst  April,  1812,  and  the  correspondence  relative  thereto. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  22d  April,  1812. 

I  received  late  last  evening  a  note  from  lord  Castlereagh, 
of  which  the  enclosed  is  a  copy,  together  with  the  declara 
tion  to  which  it  refers. 

I  hasten  to  communicate  to  you  these  important  documents, 
as  they  appear  to  manifest  definitively  the  determination  of 
this  government  to  persevere  in  its  actual  system,  and  to  sup 
port,  with  every  of  sort  of  pretext,  the  pretext  of  retaliation 
on  which  it  was  originally  founded.  I  have  the  honour  to 
be,  &c.  . 

(Signed)  JONATHAN  RUSSELL. 


192]  HISTORICAL  REGISTER.     [13TH  CONG. 

Lord  Castkreagh  to  Mr.  Russell. 

The  undersigned,  his  majesty's  principal  secretary  of  state 
for  foreign  affairs,  is  commanded  by  his  royal  highness  the 
prince  regent,  to  transmit  to  Mr.  Russell,  charge  d'affaires  of 
the  government  of  the  United  States  of  America,  the  en 
closed  copy  of  a  declaration,  accompanying  an  order  in  coun 
cil,  whii  h  has  been  this  day  passed  by  his  royal  highness  the 
prince  regent  in  council. 

The  undersigned  is  commanded  by  the  prince  regent  to 
request  that  Mr.  Russell,  in  making  this  communication  to 
his  government,  will  represent  this  measure  as  one  conceived 
in  the  true  spirit  of  conciliation,  and  with  a  due  regard  on 
the  part  of  his  royal  highness  to  the  honour  and  interest  of 
the  United  States;  and  the  undersigned  ventures  to  express 
his  confident  hope,  that  this  decisive  proof  of  the  amicable 
sentiments  which  animate  the  councils  of  his  royal  highness 
towards  America,  may  accelerate  the  return  of  amity  and 
mutual  confidence  between  the  two  states. 

The  undersigned  avails  himself  of  this  opportunity  to  re 
peat  to  Mr.  Russell  the  assurances  of  his  high  consideration. 

(Signed)  CASTLEREAGH. 

Foreign  Office,  21st  April,  1812. 

DECLARATION. 

The  government  of  France  having,  by  an  official  report 
communicated  by  its  minister  of  foreign  affairs  to  the  con 
servative  senate,  on  the  10th  day  of  March  last,  removed  all 
doubts  as  to  the  perseverance  of  that  government  in  the  as 
sertion  of  principles,  and  in  the  maintenance  of  a  system,  not 
more  hostile  to  the  maritime  rights  and  commercial  inter 
ests  of  the  British  empire,  than  inconsistent  with  the  rights 
and  independence  of  neutral  nations;  and  having  thereby 
plainly  developed  the  inordinate  pretensions,  which  that  sys 
tem,  as  promulgated  in  the  decrees  of  Berlin  and  Milan,  was 
from  the  first  designed  to  enforce,  his  royal  highness  the 
prince  regent,  acting  in  the  name  and  on  the  behalf  of  his 
majesty,  deems  it  proper,  upon  this  formal  and  authentic  re- 
publication  of  the  principles  of  those  decrees,  thus  publicly 
to  declare  his  royal  highness's  determination  still  firmly  to 
resist  the  introduction  and  establishment  of  this  arbitrary 
code,  which  the  government  of  France  openly  avows  its  pur 
pose  to  impose  by  force  upon  the  world,  as  the  law  of  nations. 

From  the  time  that  the  progressive  injustice  and  violence  of 
the  French  government  made  it  impossible  for  his  majesty  any 
longer  to  restrain  the  exercise  of  the  rights  of  war  within  their 


IST  SESS.]  STATE  PAPERS.  [193 

ordinary  limits,  without  submitting  to  consequences  not  less 
ruinous  to  the  commerce  of  his  dominions,  than  derogatory  to 
the  rights  of  his  crown,  his  majesty  has  endeavoured,  by  a"  re 
stricted  and  moderate  use  of  those  rights  of  retaliation,  which 
the  Berlin  and  Milan  decrees  necessarily  called  into  action,  to 
reconcile  neutral  states  to  those  measures,  which  the  conduct 
of  the  enemy  had  rendered  unavoidable,  and  which  his  majes 
ty  has  at  all  times  professed  his  readiness  to  revoke,  so  soon  as 
the  decrees  of  the  enemy,  which  gave  occasion  to  them,  should 
be  formally  and  unconditionally  repealed,  and  the  commerce 
of  neutral  nations  be  restored  to  its  accustomed  course. 

At  a  subsequent  period  of  the  war,  his  majesty,  availing  him 
self  of  the  then  situation  of  Europe,  without  abandoning  the 
principle  and  object  of  the  orders  in  council  of  November, 
1807,  was  induced  so  to  limit  their  operation,  as  materially 
to  alleviate  the  restrictions  thereby  imposed  upon  neutral  com 
merce.  The  order  in  council  of  April,  1809,  was  substituted 
in  the  room  of  those  of  November,  1807,  and  the  retaliatory 
system  of  Great  Britain  acted  no  longer  on  every  country  in 
which  the  aggressive  measures  of  the  enemy  were  in  force,  but 
was  confined  in  its  operation  to  France,  and  to  the  countries 
upon  which  the  French  yoke  was  most  strictly  imposed,  and 
which  had  become  virtually  a  part  of  the  dominions  of  France. 

The  United  States  of  America  remained,  nevertheless,  dis 
satisfied;  and  their  dissatisfaction  has  been  greatly  increased  by 
an  artifice,  too  successfully  employed  on  the  part  of  the  enemy, 
who  has  pretended  that  the  decrees  of  Berlin  and  Milan 
were  repealed,  although  the  decree  effecting  such  repeal  has 
never  been  promulgated;  although  the  notification  of  such  pre 
tended  repeal  distinctly  described  it  to  be  dependant  on  con 
ditions,  in  which  the  enemy  knew  Great  Britain  could  never 
acquiesce;  and  although  abundant  evidence  has  since  appeared 
of  their  subsequent  execution. 

But  the  enemy  has  at  length  laid  aside  all  dissimulation;  he 
now  publicly  and  solemnly  declares,  not  only  that  those  decrees 
still  continue  in  force,  but  that  they  shall  be  rigidly  executed 
until  Great  Britain  shall  comply  with  additional  conditions, 
equally  extravagant;  and  he  further  announces  the  penalties 
of  those  decrees  to  be  in  full  force  against  all  nations  which 
shall  suffer  their  flag  to  be,  as  it  is  termed  in  this  new  code, 
"denationalized." 

In  addition  to  the  disavowal  of  the  blockade  of  May,  1806, 
and  of  the  principles  on  which  that  blockade  was  established, 
and  in  addition  to  the  repeal  of  the  British  orders  in  council, 
he  demands  an  admission  of  the  principle,  that  the  gx>ods  of 

VOL.  I.  3  B 


194]  HISTORICAL  REGISTER.     [ISTH  CONG. 

an  enemy,  carried  under  a  neutral  flag,  shall  be  treated  as  neu 
tral;  that  neutral  property,  under  the  flag  of  an  enemy,  shall  be 
treated  as  hostile;  that  arms  and  warlike  stores  alone  (to  the 
exclusion  of  ship  timber,  and  other  articles  of  naval  equip 
ment)  shall  be  regarded  as  contraband  of  war;  and  that  no 
ports  shall  be  considered  as  lawfully  blockaded,  except  such 
as  are  invested  and  besieged,  in  the  presumption  of  their  be 
ing  taken  [en  prevention  d'tere  pais],  and  into  which  a  mer 
chant  ship  cannot  enter  without  danger. 

By  these  and  other  demands  the  enemy  in  fact  requires, 
that  Great  Britain,  and  all  civilized  nations,  shall  renounce,  at 
his  arbitrary  pleasure,  the  ordinary,  and  indisputable  rights 
of  maritime  war;  that  Great  Britain,  in  particular,  shall  fore 
go  the  advantages  of  Her  naval  superiority,  and  allow  the  com 
mercial  property  as  well  as  the  produce  and  manufactures  of 
France  and  her  confederates,  to  pass  the  ocean  in  security, 
whilst  the  subjects  of  Great  Britain  are  to  be  in  effect  pro 
scribed  from  all  commercial  intercourse  with  other  nations; 
and  the  produce  and  manufactures  of  these  realms  are  to  be 
excluded  from  every  country  in  the  world,  to  which  the  arms 
or  the  influence  of  the  enemy  can  extend. 

Such  are  the  demands  to  which  the  British  government  is 
summoned  to  submit;  to  the  abandonment  of  its  most  ancient, 
essential,  and  undoubted  maritime  rights.  Such  is  the  code 
by  which  France  hopes,  under  the  cover  of  a  neutral  flag,  to 
render  her  commerce  unassailable  by  sea;  whilst  she  proceeds 
to  invade  or  to  incorporate  with  her  own  dominions  all  states 
that  hesitate  to  sacrifice  their  national  interests  at  her  com 
mand,  and,  in  abdication  of  their  just  rights,  to  adopt  a  code 
by  which  they  are  required  to  exclude,  under  the  mask  of 
municipal  regulations,  whatever  is  British  from  their  do 
minions. 

The  pretext  for  these  extravagant  demands  is,  that  some 
of  these  principles  were  adopted  by  voluntary  compact  in  the 
treaty  of  Utrecht;  as  if  a  treaty  once  existing  between  two 
particular  countries,  founded  on  special  and  reciprocal  con 
siderations,  binding  only  on  the  contracting  parties,  and  which 
in  the  last  treaty  of  peace  between  the  same  powers,  had  not 
been  revived,  were  to  be  regarded  as  declaratory  of  the  pub 
lic  law  of  nations. 

It  is  needless  for  his  royal  highness  to  demonstrate  the  in 
justice  of  such  pretensions.  He  might  otherwise  appeal  to 
the  practice  of  France  herself  in  this  and  in  former  wars,  and 
to  her  own  established  codes  of  maritime  law.  It  is  sufficient 
that  these  new  demands  of  the  enemy  form  a  wide  departure 
from  those  conditions  on  which  the  alleged  repeal  of  the 


1ST  SESS.]  STATE  PAPERS.  [195 

French  decrees  was  accepted  by  America;  and  upon  which 
alone,  erroneously  assuming  that  repeal  to  be  complete,  Ame 
rica  has  claimed  a  revocation  of  the  British  orders  in  council. 

His  royal  highness,  upon  a  review  of  all  these  circumstan 
ces,  feels  persuaded  that  so  soon  as  this  formal  declaration 
by  the  government  of  France,  of  its  unabated  adherence  to 
the  principles  and  provisions  of  the  Berlin  and  Milan  de 
crees,  shall  be  made  known  in  America,  the  government  of 
the  United  States,  actuated  not  less  by  a  sense  of  justice  to 
Great  Britain,  than  by  what  is  due  to  its  own  dignity,  will 
be  disposed  to  recall  those  measures  of  hostile  exclusion, 
which,  under  a  misconception  of  the  real  views  and  conduct 
of  the  French  government,  America  has  exclusively  applied 
to  the  commerce  and  ships  of  war  of  Great  Britain. 

To  accelerate  a  result  so  advantageous  to  the  true  interests 
of  both  countries,  and  so  conducive  to  the  re-establishment 
of  perfect  friendship  between  them;  and  to  give  a  decisive 
proof  of  his  royal  highnesses  disposition  to  perform  the  en 
gagements  of  his  majesty's  government,  by  revoking  the  or 
ders  in  council  whenever  the  French  decrees  shall  be  actual 
ly  and  unconditionally  repealed,  his  royal  highness  the  prince 
regent  has  been  this  day  pleased,  in  the  name  and  on  the 
behalf  of  his  majesty,  and  by  and  with  the  advice  of  his 
majesty's  privy  council,  to  order  and  declare: 

u  That  if  at  any  time  hereafter,  the  Berlin  and  Milan  de 
crees  shall,  by  some  authentic  act  of  the  French  government 
publicly  promulgated,  be  expressly  and  unconditionally  re 
pealed,  then  and  from  thenceforth  the  order  in  council  of 
the  7th  day  of  January,  1807,  and  the  order  in  council  of 
the  26th  day  of  April,  1809,  shall,  without  any  further  or 
der,  be,  and  the  same  hereby  are  declared  from  thenceforth 
to  be  wholly  and  absolutely  revoked;  and  further,  that  the 
full  benefit  of  this  order  shall  be  extended  to  any  ship  or 
vessel  captured  subsequent  to  such  authentic  act  of  repeal  of 
the  French  decrees,  although  antecedent  to  such  repeal, 
such  ship  or  vessel  shall  have  commenced  and  shall  be  in  the 
prosecution  of  a  voyage,  which,  under  the  said  orders  in 
council  or  one  of  them,  would  have  subjected  her  to  capture 
and  condemnation;  and  the  claimant  of  any  ship  or  cargo 
which  shall  be  captured  at  any  time  subsequent  to  such  au 
thentic  act  of  repeal  by  the*  French  government,  shall,  with 
out  any  further  order  or  declaration  on  the  part  of  his  ma 
jesty's  government  on  this  subject,  be  at  liberty  to  give  in 
evidence  in  the  high  court  of  admiralty  or  any  court  of  vice- 
admiralty,  before  which  such  ship  or  vessel  or  its  cargo  shall 
be  brought  for  adjudication,  that  such  repeal  by  the  French 


196]  HISTORICAL  REGISTER.      [I3rn  CONG. 

government  had  been  by  such  authentic  act  promulgated 
prior  to  such  capture;  and  upon  proof  thereof,  the  voyage 
shall  be  deemed  and  taken  to  have  been  as  lawful  as  if  the 
said  orders  in  council  had  never  been  made;  saving,  never 
theless,  to  the  captors  such  protection  and  indemnity  as  they 
may  be  equitably  entitled  to,  in  the  judgment  of  the  said 
court,  by  reason  of  their  ignorance  or  uncertainty  as  to  the  re 
peal  of  the  French  decrees,  or  of  the  recognition  of  such  re- 
peal  by  his  majesty's  government,  at  the  time  of  such  capture. 

u  His  royal  highness,  however,  deems  it  proper  to  declare, 
that,  should  the  repeal  of  the  French  decrees,  thus  anticipa 
ted  and  provided  for,  afterwards  prove  to  have  been  illusory 
on  the  part  of  the  enemy;  and  should  the  restrictions  thereof 
be  still  practically  enforced  or  revived  by  the  enemy,  Great 
Britain  will  be  obliged,  however  reluctantly,  after  reasonable 
notice  to  neutral  powers,  to  have  recourse  to  such  measures 
of  retaliation  as  may  then  appear  to  be  just  and  necessary ,n 

Westminster ,  April  21,  1812. 

At  the  court  of  Carleton  House,  the  twenty-first  of  April,  one 
thousand  eight  hundred  and  twelve,  present,  his  royal  high 
ness  the  Prince  Regent  in  council. 

Whereas,  the  government  of  France  has,  by  an  official  re 
port,  communicated  by  its  minister  for  foreign  affairs  to  the 
conservative  senate,  on  the  tenth  of  March  last,  removed 
all  doubts  as  to  the  perseverance  of  that  government  in  the 
assertion  of  principles,  and  in  the  maintenance  of  a  system, 
not  more  hostile  to  the  maritime  rights  and  commercial  in 
terests  of  the  British  empire,  than  inconsistent  with  the 
rights  and  independence  of  neutral  nations,  and  has  thereby 
plainly  developed  the  inordinate  pretensions  which  that  sys 
tem,  as  promulgated  in  the  decrees  of  Berlin  and  Milan, 
was  from  the  first  designed  to  enforce. 

And  whereas,  his  majesty  has  invariably  professed  his 
readiness  to  revoke  the  orders  in  council,  adopted  thereupon, 
as  soon  as  the  said  decrees  of  the.  enemy  should  be  formally 
and  unconditionally  repealed,  and  the  commerce  of  neutral 
nations  restored  to  its  accustomed  course: 

His  royal  highness  the  prince  regent  (anxious  to  give  the 
most  decisive  proof  of  his  royal  highness's  disposition  to  per 
form  the  engagements  of  his  majesty's  government)  is  pleas 
ed  in  the  name  and  on  the  behalf  of  his  majesty,  and  by  and 
with  the  advice  of  his  majesty's  privy  council,  to  order  and 
declare,  and  it  is  hereby  ordered  and  declared,  that  if,  at  any 
time  hereafter,  the  Berlin  and  Milan  decrees  shall,  by  some 
authentic  act  of  the  French  government,  publicly  promulga- 


isr  SESS.]  STATE  PAPERS.  [I9r 

ted,  be  absolutely  and  unconditionally  repealed,  then,  and 
from  thenceforth,  the  order  in  council  of  the  seventh  day  of 
January,  one  thousand  eight  hundred  and  seven,  and  the  or 
der  in  council  of  the  twenty-sixth  day  of  April,  one  thousand 
eight  hundred  and  nine,  shall,  without  any  further  order,  be, 
and  the  same  are  hereby  declared  from  thenceforth  to  be 
wholly  and  absolutely  revoked:  And  further,  that  the  full  be 
nefit  of  this  order  shall  be  extended  to  any  ship  or  cargo  cap 
tured  subsequent  to  such  authentic  act  of  repeal  of  the  French 
decrees,  although  antecedent  to  such  repeal  such  ship  or  ves 
sel  shall  have  commenced  and  shall  be  in  the  prosecution  of 
a  voyage  which,  under  the  said  orders  in  council,  or  one  of 
them,  would  have  subjected  her  to  capture  and  condemna 
tion;  and  the  claimant  of  any  ship  or  cargo  which  shall  be 
captured  or  brought  to  adjudication,  on  account  of  any  al 
leged  breach  of  either  of  the  said  orders  in  council,  at  any 
time  subsequent  to  such  authentic  act  of  repeal  by  the  French 
government,  shall,  without  any  further  order  or  declaration 
on  the  part  of  his  majesty's  government  on  this  subject,  be 
at  liberty  to  give  in  evidence,  in  the  high  court  of  admiralty, 
or  any  court  of  vice-admiralty  before  which  such  ship  or  car 
go  shall  be  brought  for  adjudication,  that  such  repeal  by  the 
French  government  had  been  by  such  authentic  act  promul 
gated  prior  to  such  capture;  and  upon  proof  thereof,  the  voy 
age  shall  be  deemed  and  taken  to  have  been  as  lawful  as  if  the 
said  orders  in  council  had  never  been  made:  saving,  never 
theless,  to  the  captors  such  protection  and  indemnity  as  they 
may  be  equitably  entitled  to  in  the  judgment  of  the  said 
court,  by  reason  of  their  ignorance  or  uncertainty  as  to  the 
repeal  of  the  French  decrees,  or  of  the  recognition  of  such 
repeal  by  his  majesty's  government  at  the  time  of  such  capture. 

His  royal  highness,  however,  deems  it  proper  to  declare, 
that  should  the  repeal  of  the  French  decrees,  thus  anticipa 
ted  and  provided  for,  prove  afterwards  to  have  been  illusory 
on  the  part  of  the  enemy;  and  should  the  restrictions 
thereof  be  still  practically  enforced,  or  revived  by  the  enemy, 
Great  Britain  will  be  compelled,  however  reluctantly,  after 
reasonable  notice,  to  have  recourse  to  such  measures  of  re 
taliation  as  may  then  appear  to  be  just  and  necessary. 

And  the  right  honourable  the  lords  commissioners  of  his 
majesty's  treasury,  his  majesty's  principal  secretaries  of  state, 
the  lords  commissioners  of  the  admiralty,  and  the  judge  of 
the  high  court  of  admiralty,  and  the  judges  of  the  courts  of 
vice-admiralty,  are  to  take  the  necessary  measures  herein  as 
to  them  shall  respectively  appertain. 

(Signed)  CHETWYND. 


198]  HISTORICAL  REGISTER.     ISTH  CONG. 

Mr.  Russell  to  Mr.  Monroe. 
(Duplicate.) 
Sir,  London,  26th  April,  1812. 

I  beg  leave  to  hand  you  herewith  a  declaration  arid  an  or 
der  in  council  of  this  government  of  the  twenty-first  of  this 
month,  and  a  copv  of  a  note  from  lord  Castlereagh  accom 
panying  the  communication  of  them  to  me.  I  have  already 
transmitted  to  you  other  copies  of  these  documents,  and  have 
now  to  add  a  copy  of  the  note  which  I  have  addressed,  in 
reply  to  that  of  his  lordship. 

I  have  the  honour  to  be,  with  the  highest  consideration, 
sir,  your  assured  and  faithful  servant, 

(Signed)  JONA.  RUSSELL. 

Mr.  Russell  to  Lord  Castlereagh. 
(Copy.) 
My  Lord,  18,  Bentinck  Street,  April  25th,  1812. 

I  have  the  honour  to  acknowledge  the  receipt  of  the  note 
which  your  lordship  addressed  to  me  on  the  21st  of  this 
month,  enclosing,  by  the  command  of  his  royal  highness  the 
prince  regent,  a  copy  of  a  declaration,  accompanying  an  or 
der  in  council  which  had  that  day  been  passed. 

It  would  have  afforded  me  the  highest  satisfaction  in  com 
municating  that  declaration  and  order  to  my  government,  to 
have  been  able  to  represent  them  as  conceived  in  the  true 
spirit  of  conciliation,  and  with  a  due  regard  to  the  honour 
and  interests  of  the  United  States.  I  regret,  however,  that 
so  far  from  being  able  to  perceive  in  them  any  evidence  of 
the  amicable  sentiments  which  are  professed  to  animate  the 
councils  of  his  royal  highness,  I  am  compelled  to  consider 
them  as  an  unequivocal  proof  of  the  determination  of  his 
Britannic  majesty's  government,  to  adhere  to  a  system,  which, 
both  as  to  principle  and  fact,  originated  and  has  been  continu 
ed  in  error;  and  against  which,  the  government  of  the  United 
States,  so  long  as  it  respects  itself,  and  the  essential  rights  of 
the  nation  over  which  it  is  placed,  cannot  cease  to  contend. 

The  United  States  have  never  considered  it  their  duty  to 
inquire,  nor  do  they  pretend  to  decide,  whether  England  or 
France  was  guilty,  in  relation  to  the  other,  of  the  first  violation 
of  the  public  law  of  nations;  but  they  do  consider  it  their  most 
imperious  duty  to  protect  themselves  from  the  unjust  operation 
of  the  unprecedented  measures  of  retaliation,  professed  by 
both  these  powers  to  be  founded  on  such  violation.  In  this  ope 
ration,  by  whichever  party  directed,  the  United  States  have  ne 
ver  for  a  moment  acquiesced;  nor  by  the  slightest  indication  of 


IST  SESS.]  STATE  PAPERS.  [199 

such  acquiescence,  afforded  a  pretext  for  extending  to  them 
the  evils  by  which  England  and  France  affect  to  retaliate  on 
each  other.  They  have  in  no  instance  departed  from  the 
observance  of  that  strict  impartiality  which  their  peaceful  po 
sition  required,  and  which  ought  to  have  secured  to  them  the 
unmolested  enjoyment  of  their  neutrality.  To  their  astonish 
ment,  however,  they  perceived  that  both  these  belligerent 
powers,  under  the  pretence  of  annoying  each  other,  adopted, 
and  put  in  practice,  new  principles  of  retaliation,  involving  the 
destruction  of  those  commercial  and  maritime  rights  which 
the  United  States  regard  as  essential  and  inseparable  attributes 
of  their  independence.  Although  alive  to  all  the  injury  and 
injustice  of  this  system,  the  American  government  resorted  to 
no  measures  to  oppose  it  which  were  not  of  the  most  pacific 
and  impartial  character,  in  relation  to  both  the  aggressors. 
Its  remonstrances,  its  restrictions  of  commercial  intercourse, 
and  its  overtures  for  accommodation,  were  equally  addressed 
to  England  and  to  France;  and,  if  there  is  now  an  inequality 
in  the  relations  of  the  United  States  with  these  countries,  it 
can  only  be  ascribed  to  England  herself,  who  rejected  the 
terms  proffered  to  both,  while  France  accepted  them;  and 
who  continues  to  execute  her  retaliatory  edicts  on  the  high 
seas,  while  those  of  the  latter  have  there  ceased  to  operate. 

If  Great  Britain  could  not  be  persuaded  by  considerations 
of  universal  equity  to  refrain  from  adopting  any  line  of  con 
duct,  however  unjust,  for  which  she  might  discover  a  prece 
dent  in  the  conduct  of  her  enemy;  or  to  abandon  an  attempt 
of  remotely  and  uncertainly  annoying  that  enemy  through  the 
immediate  and  sure  destruction  of  the  vital  interests  of  a 
neutral  and  unoffending  state;  yet,  it  was  confidently  ex 
pected  that  she  would  be  willing  to  follow  that  enemy  also  in 
his  return  towards  justice;  and  from  a  respect  to  her  own 
declarations,  to  proceed  pari  passu  with  him,  in  the  revoca 
tion  of  the  offending  edicts.  This  just  expectation  has,  how 
ever,  been  disappointed,  and  an  exemption  of  the  flag  of  the 
United  States  from  the  operation  of  the  Berlin  and  Milan 
decrees  has  produced  no  corresponding  modification  of  the 
British  orders  in  council.  On  the  contrary,  the  fact  of  such 
exemption  on  the  part  of  France  appears  by  the  declaration 
and  order  in  council  of  the  British  government  of  the  21st 
of  this  month  to  be  denied;  and  the  engagement  of  the  latter 
to  proceed  step  by  step  with  its  enemy  in  the  work  of  repeal 
and  relaxation,  to  be  disowned  or  disregarded. 

That  France  has  repealed  her  decrees,  so  far  as  they  concern 
ed  the  United  States,  has  been  established  by  declarations  and 
facts  satisfactory  to  them,  and  which,  it  was  presumed,  would 


200]  HISTORICAL  REGISTER.     [ISTH  CONG. 

have  been  equally  satisfactory  to  the  British  government.  A 
formal  and  authentic  declaration  of  the  French  government, 
communicated  to  the  minister  plenipotentiary  of  the  United 
States  at  Paris,  on  the  5th  of  August,  1810,  announced  that  the 
decrees  of  Berlin  and  Milan  were  revoked,  and  should  cease  to 
operate  on  the  first  of  the  succeeding  November,  provided  that 
a  condition  presented  to  England,  or  another  condition  presen 
ted  to  the  United  States  should  be  performed.  The  condition 
presented  to  the  United  States  was  performed;  and  this  per 
formance  rendered  absolute  the  repeal  of  the  decrees.  So  far, 
therefore,  from  this  repeal  depending  on  conditions  in  which 
Great  Britain  could  not  acquiesce,  it  became  absolute,  inde 
pendently  of  any  act  of  Great  Britain,  the  moment  the  act  pro 
posed  for  the  performance  of  the  United  States  was  accom 
plished.  Such  was  the  construction  given  to  this  measure  by  the 
United  States,  from  the  first;  and  that  it  was  a  correct  one,  has 
been  sufficiently  evinced  by  the  subsequent  practice  of  France. 

Several  instances  of. the  acquittal  of  American  vessels  and 
cargoes,  to  which  the  decrees  would  have  attached,  if  still  in 
force  against  the  United  States,  have,  from  time  to  time, 
been  presented  to  his  Britannic  majesty's  government.  That 
these  cases  have  been  few  is  to  be  ascribed  to  the  few  cap 
tures,  in  consequence  of  this  repeal,  made  by  French  cruis 
ers;  and  should  no  other  such  case  occur  it  will  be  owing  to 
the  efficacy  of  this  repeal,  and  to  the  exact  observance  of  it, 
even  by  the  most  wanton  and  irregular  of  those  cruisers. 

From  the  1st  November,  1810,  to  the  29th  of  January  of 
the  present  year,  as  appears  by  a  note  which  I  had  the  honor 
to  address  to  the  predecessor  of  your  lordship  on  the  8th  of 
February  last,  the  Berlin  and  Milan  decrees  had  not  been 
applied  to  American  property,  nor  have  I  heard  that  such 
application  has  since  been  made. 

But,  against  the  authentic  act  of  the  French  government 
of  the  5th  of  August,  1810,  and  the  subsequent  conduct  of  that 
government,  mutually  explaining  each  other,  and  confirming 
the  construction  adopted  by  the  United  States,  is  offered  a  re- 
pori  said  to  be  communicated  by  the  French  minister  of  foreign 
affairs  to  the  conservative  senate.  Without  pretending  to  doubt 
the  genuineness  of  that  report,  though  it  has  reached  this  coun 
try  only  in  a  newspaper,  yet  it  is  to  be  lamented  that  as  much 
fo;  m  and  evidence  of  authenticity  have  not  been  required  in  an 
act  considered  as  furnishing  can  ;e  for  the  continuance  of  the  or 
ders  in  council,  as  in  an  act  which,  by  the  very  terms  of  those 
orders,  challenged  their  revocation.  The  act  of  the  5th  of  Au 
gust,  1810,  emanating  from  the  sovereign  of  France,  officially 


IST  SESS.]  STATE  PAPERS.  [201 

communicated  to  the  British  government,  and  satisfactorily 
expounded  and  explained  by  the  practical  comments  of  more 
than  eighteen  months,  is  denied  to  afford  convincing  evi 
dence  of  the  repeal  of  the  French  decrees;  while  full  proof  of 
their  continuance  is  inferred  from  a  report,  which  by  its  very 
nature  must  contain  the  mere  opinions  and  ^peculations  of  a 
subject,  which  is  destitute  of  all  authority  until  acted  upon  by 
the  body  to  which  it  was  presented,  which  has  found  its  way 
hither  in  no  more  authentic  shape  than  the  columns  of  the 
Momteur,  and  for  the  proper  understanding  of  which  not  a  mo 
ment  has  been  allowed.  But  even  were  the  value  thus  assigned 
to  the  report  just,  it  is  still  difficult  to  discover  what  infer 
ence  can  be  fairly  deduced  from  it  incompatible  with  the  pre 
vious  declarations  and  conduct  of  the  French  government 
exempting  the  United  States  from  the  operation  of  its  de 
crees.  The  very  exception  in  that  report,  with  regard  to  na 
tions  which  do  not  suffer  their  flag  to  be  denationalized,  was 
undoubtedly  made  with  a  reference  to  the  United  States,  and 
with  a  view  to  reconcile  the  general  tenor  of  that  report, 
with  the  good  faith  with  which  it  became  France  to  observe 
the  conventional  repeal  of  those  decrees  in  their  favour. 
However  novel  may  be  the  terms  employed,  or  whatever 
may  be  their  precise  meaning,  they  ought  to  be  so  interpret 
ed  as  to  accord  with  the  engagements  of  the  French  govern 
ment,  and  with  justice  and  good  faith. 

Your  lordship  will,  I  doubt  not,  the  more  readily  acknow 
ledge  the  propriety  of  considering  the  report  in  this  light,  by 
a  reference  to  similar  reports  made  to  the  same  conservative 
senate,  on  the  13th  of  December,  1810,  by  the  duke  of  Ca- 
dore,  the  predecessor  of  the  present  French  minister  of  ex 
terior  relations,  and  by  the  count  de  Simonville.  In  these  re 
ports,  they  say  to  thj  emperor  (which  sufficiently  proves  that 
such  reports  are  not  to  be  considered  as  dictated  by  him), 
"  Sire,  as  long  as  England  shall  persist  in  her  orders  in  coun 
cil,  so  long  your  majesty  will  persist  in  his  decrees;"  and  "  the 
decrees  of  Berlin  and  Milan  are  the  answer  to  the  orders  in 
council;  the  British  cabinet  has,  thus  to  speak,  dictated  them 
to  France;  Europe  receives  them  for  her  code,  and  this  code 
shall  become  the  palladium  of  the  liberty  of  the  seas."  Surely 
this  language  is  as  strong  as  that  of  the  report  of  the  10th  of 
March,  and  still  more  absolute,  for  there  is  no  qualification 
in  it  in  favour  of  any  nation;  yet  this  language  has,  both  by 
an  explanation  from  the  duke  of  Cadore  to  me  at  this  time, 
and  by  the  uniform  conduct  of  the  French  government  since, 
been  reconciled  with  the  repeal  of  these  very  decrees,  so  far 
as  they  concerned  the  United  States. 

VOL.  i.  3  C 


202]  HISTORICAL  REGISTER.       [ISTH  CONG. 

Had  the  French  decrees  originally  afforded  an  adequate 
foundation  for  the  British  orders,  and  been  continued  after 
these  reports  in  their  full  force  and  extent,  surely,  during  a 
period  in  which  above  a  hundred  American  vessels  and  their 
cargoes  have  fallen  a  prey  to  these  orders,  some  one  solitary 
instance  of  capture  and  confiscation  must  have  happened  un 
der  these  decrees.  That  no  such  instance  has  happened,  in- 
controvertibly  proves,  either  that  those  decrees  are  of  them 
selves  harmless,  or  that  they  had  been  repealed;  and  in  either 
case  they  afford  no  right  plea  or  pretext  to  Great  Britain  for 
those  measures  of  pretended  retaliation,  whose  sole  effect  is 
to  lay  waste  the  neutral  commerce  of  America. 

With  the  remnant  of  those  decrees  which  is  still  in  force, 
and  which  consists  of  municipal  regulations  confined  in  their 
operation  within  the  proper  and  undeniable  jurisdiction  of  the 
states  where  they  are  executed,  the  United  States  have  no 
concern,  nor  do  they  acknowledge  themselves  to  be  under 
any  political  obligation,  either  to  examine  into  the  ends  pro 
posed  to  be  attained  by  this  surviving  portion  of  the  conti 
nental  system,  or  to  oppose  their  accomplishment.  Whatever 
may  be  intended  to  be  done  in  regard  to  other  nations  by  this 
system,  cannot  be  imputed  to  the  United  States;  nor  are  they 
to  be  made  responsible,  while  they  religiously  observe  the 
obligations  of  their  neutrality,  for  the  mode  in  which  belli 
gerent  nations  may  choose  to  exercise  their  power  for  the  in 
jury  of  each  other. 

When,  however,  these  nations  exceed  the  just  limits  of 
their  power,  by  the  invasion  of  the  rights  of  peaceful  states 
on  the  ocean,  which  is  subject  to  the  common  and  equal  ju- 
•isdiction  of  all  nations^  the  United  States  cannot  remain  in 
different,  and  by  quietly  consenting  to  yield  up  their  share  of 
ihis  jurisdiction,  abandon  their  maritime  rights.  France  has 
respected  these  rights  by  the  discontinuance  of  her  edicts  on 
the  high  seas,  leaving  no  part  of  these  edicts  in  operation  to 
the  injury  of  the  United  States,  and  of  course  no  part  in 
which  they  can  be  supposed  to  acquiesce,  or  against  which 
they  can  be  required  to  contend. 

They  ask  of  Great  Britain,  by  a  like  res;  ect  for  their  right?, 
to  exempt  them  from  the  operation  of  her  orders  in  council. 
Should  such  exemption  involve  the  total  practical  extinction 
of  these  orders,  it  will  only  prove  that  they  were  exclusively 
applied  to  the  commerce  of  the  United  States,  and  that  they 
had  not  a  single  feature  of  the  resemblance  to  the  decrees 
against  which  they  are  professed  to  retaliate. 

It  is  with  patience  and  confidence  that  the  United  States 
have  expected  this  exemption,  to  which  they  believe  them; 


ISTSESS.]  STATE  PAPERS.  [203 

selves  entitled  by  all  those  considerations  of  right  and  pro 
mise,  which  I  have  here  feebly  stated  to  your  lordship.  With 
what  disappointment,  therefore,  must  they  learn,  that  Great 
Britain,  in  professing  to  do  away  their  dissatisfaction,  expli 
citly  avows  her  intention  to  persevere  in  her  orders  in  coun 
cil,  until  some  authentic  act,  hereafter  to  be  promulgated  by 
the  French  government,  shall  declare  the  Berlin  and  Milan 
decrees  to  be  expressly  and  undoubtedly  repealed?  To  ob 
tain  such  an  act,  can  the  United  States  interfere?  Would 
such  an  interference  be  compatible  either  with  a  sense 
of  justice,  or  with  what  is  due  to  their  own  dignity?  Can 
they  be  expected  to  falsify  the  repeated  declarations  of  their 
satisfaction  with  the  act  of  the  5th  of  August,  1810,  confirm 
ed  by  abundant  evidence  of  its  subsequent  observance;  and, 
by  now  affecting  to  doubt  of  the  sufficiency  of  that  act,  to  de 
mand  another,  which,  in  its  form,  its  mode  of  publication, 
and  its  import,  shall  accord  with  the  requisitions  of  Great 
Britain  ?  And  can  it  be  supposed  that  the  French  govern 
ment  would  listen  to  such  a  proposal,  made  under  such  cir 
cumstances,  and  with  such  a  view? 

While,  therefore,  I  can  perceive  no  reason,  in  the  report  of 
the  French  minister  of  the  tenth  of  March,  to  believe  that 
the  United  States  erroneously  assumed  the  repeal  of  the 
French  decrees  to  be  complete  in  relation  to  them;  while 
aware  that  the  condition,  on  which  the  revocation  of  the  orders 
in  council  is  now  distinctly  made  to  depend,  is  the  total  re 
peal  of  both  the  Berlin  and  Milan  decrees,  instead,  as  former 
ly,  of  the  Berlin  decree  only;  and  while  I  feel  that  to  ask  the 
performance  of  this  condition  from  others,  is  inconsistent 
with  the  honour  of  the  United  States,  and  to  perform  it  them 
selves,  beyond  their  power,  your  lordship  will  permit  me 
frankly  to  avow,  that  I  cannot  accompany  the  communication 
to  my  government,  of  the  declaration  and  order  in  council  of 
the  twenty-first  of  this  month,  with  any  felicitation  on  the 
prospect  which  this  measure  presents  of  an  accelerated  return 
of  amity  and  mutual  confidence  between  the  two  states. 

It  is  with  real  pain  I  make  known  to  your  lordship  this  avow 
al,  and  I  will  seek  still  to  confide  in  the  spirit,  which  your 
lordship  in  your  note,  and  in  the  conversation  of  this  morning, 
has  been  pleased  to  say  actuated  the  cour  cils  of  his  royal  high 
ness  in  relation  to  America,  and  still  to  cherish  a  hope  that 
this  spirit  will  lead,  upon  a  review  of  the  whole  ground,  to 
measures  of  a  nature  better  calculated  to  attain  its  object;  and 
that  this  object  will  no  longer  be  made  to  depend  on  the  con 
duct  of  a  third  power,  or  upon  contingencies  on  which  the 


204]  HISTORICAL  REGISTER.      [ISTHCONO. 

United  Stntes  have  no  controul,  but  alone  upon  the  rights  of 
the  United  Spates,  the  justice  of  Great  Britain,  and  the  com 
mon  interests  of  both. 

I  have  the  honour  to  be,  my  lord,  your  lordship's  most 
obtci'   ni      n  ant, 

(Signed)  JONA.  RUSSELL. 

Extract  of  a  letter  from  Mr.  Russell  to  Mr.  Monroe. 

London,  1st  May,  1812. 

The  declaration  and  order  in  council  of  the  21st  ultimo, 
not  only  mark  with  the  utmost  precision  the  line  of  policy 
which  the  present  ministry  means  inflexibly  to  pursue  towards 
the  United  States,  but  confirm  my  conjectures  in  relation  to 
the  instructions  lately  sent  to  Mr.  Foster,  by  the  Mackerel, 
I  have  learnt,  from  a  respectable  source,  that  lord  Sidmouth 
has  declared,  in  reference  to  his  attempt  for  a  modification 
of  the  orders,  that  these  measures  were  all  that  he  could  ob 
tain.  I  wonder  much  how  his  lordship  can  suppose  that  in 
them  he  has  obtained  any  thing. 

I  have  not  yet  received  any  reply  to  my  note  to  lord  Cas- 
tlereagh  of  the  25th  ultimo. 

Mr.  Russell  to  Mr.  Monroe. 
Sir,  London,  9th  May,  1812. 

I  have  the  honour  to  hand  you  herewith  a  note  from  lord 
Castlereagh  of  the  third  of  this  month,  acknowledging  the 
receipt  of  that  which  I  addressed  to  his  Lordship  on  the  25th 
ultimo. 

I  am  sir,  &c.  &c.  &c. 
(Signed)  JONA.  RUSSELL. 

The  undersigned,  his  majesty's  principal  secretary  for  fo 
reign  affairs,  has  the  honour  to  acknowledge  the  receipt  of 
Mr.  Russell's  note  of  the  25ih  ultimo,  in  reply  to  that  of  the 
undersigned,  dated  the  21st,  transmitting  the  declaration 
published  on  that  day  by  order  of  his  royal  highness  the  prince 
regent,  acting  in  the  name  and  on  the  behalf  of  his  majesty. 

The  undersigned  cannot  but  express  his  sincere  regret  that 
the  measure  in  question  should  have  failed  to  produce  a  more 
favourable  impression  on  Mr.  Russell's  mind.  As  his  majes 
ty's  ministers  in  America  has  been  fully  instructed  to  explain 
to  he  American  government  the  motives  which  have  influ 
enced  his  majesty's  government  upon  this  occasion,  the  un 
dersigned  is  commanded  by  the  prince  regent  to  abstain  at 
present  from  entering  into  a  discussion  of  those  arguments 


IST  SESS.]  STATE  PAPERS.  [205 

against  the  declaration,  which  Mr.  Russell  has  deemed  it  ex 
pedient  to  bring  forward  in  his  note  of  the  25ih. 

The  undersigned  avails  himself  of  this  opportunity  of 
renewing  to  Mr.  Russell  the  assurances  of  his  great  consi 
deration. 

(Signed)  CASTLEREAGH. 

Foreign  Office,  3d  May,  1812. 

British  Order  in  Council  of  the  23d  June,  1812,  with  the  cor 
respondence  relating  thereto. 

[These  papers  have  heretofore  been  laid  before  congress,  but 
they  are  again  submitted,  as  they  have  a  relation  to  the 
report  now  made.] 

Mr.  Russell  to  Mr.  Monroe. 

Sir,  London,  26th  June,  1812. 

I  have  the  honour  to  transmit  to  you,  enclosed,  an  order  in 
council  issued  by  this  government,  on  the  23d  of  this  month, 
and  copies  of  two  notes  from  lord  Castlereagh  of  the  same 
date,  accompanying  the  communication  of  it  to  me,  and  also 
a  copy  of  my  note  to  him,  of  this  day,  in  reply. 

I  can  but  regret  that  in  this  document  any  reservation  has 
been  made  of  a  power  of  restoring  the  orders  of  the  7th  of 
January,  1807,  and  of  the  26th  of  April,  1809,  to  their  full 
effect,  whenever  it  shall  be  judged  expedient  so  to  do,  as  such 
reservation  manifests  an  intention  to  maintain  the  principle 
on  which  they  were  founded,  and  in  which  I  conceive  the 
United  States  can  never  acquiesce. 

Had  this  reservation  not  been  made,  the  revocation  of  those 
orders  would,  perhaps,  accompanied  as  it  is  with  the  verbal  ex 
planations  of  lord  Castlereagh,  alluded  to  in  my  note  to  him, 
have  been  considered  to  be  as  precise  and  complete  as  could  rea 
sonably,  under  every  view  of  the  subject,  have  been  expected. 

The  reservation  itself,  although  ungracious  in  appearance, 
will,  I  trust,  prove  harmless  in  effect,  and,  I  presume,  this 
government  will  be  long  deterred  by  its  experience,  from 
carrying  into  practice  a  principle  to  which  it  appears  to  be 
determined  so  ostentatiously  to  ajdhere  in  the  abstract. 

I  am,  with  great  consideration  and  respect,  sir,  your  faith 
ful  and  obedient  servant, 

JONA,  RUSSELL. 


206]  HISTORICAL  REGISTER.    [ISTH  CONG. 

Lord  Castlereagh  to  Mr.  Russell. 
(Copy.) 
Sir,  Foreign  Office,  June  23d,  1812. 

I  am  commanded  by  the  prince  regent  to  transmit  to  you  for 
your  information  the  inclosed  printed  copy  of  an  order  in  coun 
cil,  which  his  royal  highness,  acting  in  the  name  and  on  the  be 
half  of  his  majesty,  was  this  day  pleased  to  issue,  for  the  revo 
cation  (on  the  conditions  therein  specified)  of  the  orders  in 
council  of  the  7th  of  January,  1807,  and  of  the  26th  of  April, 
1809,  so  far  as  may  regard  American  vessels  and  their  cargoes, 
being  American  property,  from  the  first  of  August  next. 

I  have  the  honour  to  be,  with  great  consideration,  sir,  your 
most  obedient  humble  servant, 

(Signed)  CASTLEREAGH. 

Lord  Castlereagh  to  Mr.  Russell. 
(Copy) 
Sir,  Foreign  Office,  June  23d,  1812. 

In  communicating  to  your  government  the  order  in  council 
of  this  date,  revoking  (under  certain  conditions  therein  speci 
fied)  those  of  January  7th,  1807,  and  of  April  26th,  1809,  lam 
to  request  that  you  will  at  the  same  time  acquaint  them,  that 
the  prince  regent's  ministers  have  taken  the  earliest  opportuni 
ty,  after  their  resumption  of  the  government,  to  advise  his  royal 
highness  to  the  adoption  of  a  measure  grounded  upon  the  do 
cument  communicated  by  you  to  this  office  on  the  20th  ultimo; 
and  his  royal  highness  hopes  that  this  proceeding  on  the  part 
of  the  British  government,  may  accelerate  a  good  understand 
ing  on  all  points  of  difference  between  the  two  states. 

I  shall  be  happy  to  have  the  honour  of  seeing  you  at  the 
foreign  office  at  two  o'clock  to-morrow,  and  beg  to  apprize 
you  that  one  of  his  majesty's  vessels  will  sail  for  America 
with  the  despatches  of  the  government,  in  the  course  of  the 
present  week. 

I  have  the  honour  to  be,  with  great  consideration,  sir,  your 
most  obedient  humble  servant, 

(Signed)  CASTLEREAGH. 

At  the  Court,  at  Carlton  House,  the  twenty-third  of  June,  one 
thousand  eight  hundred  and  twelve. 

,     PRESENT, 

His  royal  highness  the  prince  regent  in  council. 
Whereas  his  royal  highness  the  prince  regent  was  pleased  to 
declare,  in  the  name  and  on  the  behalf  of  his  majesty,  on  the 


ISTSESS.]          .       STATE   PAPERS.  [2O7 

21st  day  of  April,  1812,  "  That  if  at  any  time  hereafter  the 
Berlin  and  Milan  decrees  shall,  by  some  authentic  act  of  the 
French  government,  publicly  promulgated,  be  absolutely  and 
unconditionally  repealed,  then  and  from  thenceforth  the  or 
der  in  council  of  the  7th  of  January,  1807,  and  the  order  in 
council  of  the  26th  of  April,  1809,  shall,  without  any  further 
order,  be,  and  the  same  is  hereby  declared  from  thenceforth 
to  be  wholly  and  absolutely  revoked:" 

And  whereas  the  charge  des  affaires  of  the  United  States  of 
America,  resident  at  this  court,  did,  on  the  20th  day  of  May 
last,  transmit  to  lord  viscount  Castlereagh,  one  of  his  majes 
ty's  principal  secretaries  of  state,  a  copy  of  a  certain  instru 
ment,  then  for  the  first  time  communicated  to  this  court, 
purporting  to  be  a  decree  passed  by  the  government  of  France, 
on  the  28th  day  of  April,  1811,  by  which  the  decrees  of  Ber 
lin  and  Milan  are  declared  to  be  definitively  no  longer  in 
force  in  regard  to  American  vessels. 

•  And  whereas  his  royal  highness  the  prince  regent,  although 
he  cannot  consider  the  tenor  of  the  said  instrument  as  satisfy 
ing  the  conditions  set  forth  in  the  said  order  of  the  21st  of 
April  last,  upon  which  the  said  orders  were  to  cease  and  deter 
mine,  is  nevertheless  disposed  on  his  part  to  take  suchmeasures 
as  may  tend  to  re-establish  the  intercourse  between  neutral  and 
belligerent  nations,  upon  its  accustomed  principles — his  royal 
highness,  the  prince  regent,  in  the  name  and  on  the  behalf  of 
his  majesty,  is  therefore  pleased,  by  and  with  the  advice  of 
his  majesty's  privy  council,  to  order  and  declare,  and  it  is 
hereby  ordered  and  declared,  that  the  order  in  council  bear 
ing  date  the  7th  day  of  January,  1807,  and  the  order  in  coun 
cil  bearing  date  the  26th  day  of  April,  1809,  be  revoked,  so 
far  as  may  regard  American  vessels  and  their  cargoes,  being 
American  property,  from  the  1st  day  of  August  next. 

But  whereas,  by  certain  acts  of  government  of  the  United 
States  of  America,  all  British  armed  vessels  are  excluded 
from  the  harbours  and  waters  of  the  said  United  States,  the 
armed  vessels  of  France  being  permitted  to  enter  therein,  and 
the  commercial  intercourse  between  Great  Britain  and  the 
said  United  States  is  interdicted,  the  commercial  intercourse 
between  France  and  the  said  United  States  having  been  re 
stored;  his  royal  highness  the  prince  regent  is  pleased  here 
by  further  to  declare,  in 'the  name  and  on  the  behalf  of  his 
majesty,  that  if  the  government  of  the  said  United  States  shall 
not,  as  soon  as  may  be,  after  this  order  shall  have  been  duly 
notified  by  his  majesty's  minister  in  America  to  the  said  go 
vernment,  revoke,  or  cause  to  be  revoked,  the  said  acts,  this 


208]  HISTORICAL  REGISTER.    .[ISTH  CONG. 

present  order  shall  in  that  case,  after  due  notice  signified  by 
his  majesty's  minister  in  America  to  the  said  government, 
be  thenceforth  null  and  of  no  effect. 

It  is  further  ordered  and  declared,  that  all  American  vessels 
and  their  cargoes  being  American  property,  that  sh%il  have 
been  captured  subsequently  to  the  20th  day  of  May  last,  for 
a  breach  of  the  aforesaid  orders  in  council  alone,  and  which 
shall  not  have  actually  be.en  condemned  before  the  date  of 
this  order;  and  that  all  ships  and  cargoes  as  aforesaid,  that 
shall  henceforth  be  captured  under  the  said  orders,  prior  to  the 
first  day  of  August  next,  shall  not  be  proceeded  against  to  con 
demnation  till  further  orders,  but  shall,  in  the  event  of  this  or 
der  not  becoming  null  and  of  no  effect,  in  the  case  aforesaid, 
be  forthwith  liberated  and  restored,  subject  to  such  reasona 
ble  expenses  on  the  part  of  the  captors  as  shall  have  been 
justly  incurred. 

Provided,  that  nothing  in  this  order  contained,  respecting 
the  revocation  of  the  orders  herein  mentioned,  shall  be  taken 
to  revive  wholly  or  in  part  the  orders  in  council  of  the  1 1th  of 
November,  1807,  or  any  other  order  not  herein  mentioned, 
or  to  deprive  parties  of  any  legal  remedy  to  which  they  may  be 
entitled  under  the  order  in  council  of  the  21st  of  April,  1812. 

His  royal  highness  the  prince  regent  is  hereby  pleased  fur 
ther  to  declare,  in  the  name  and  on  the  behalf  of  his  majesty, 
that  nothing  in  this  present  order  contained,  shall  be  under 
stood  to  preclude  his  royal  highness  the  prince  regent,  if  cir 
cumstances  shall  so  require,  from  restoring,  after  reasonable 
notice,  the  orders  of  the  7th  of  January,  1807,  and  26th  of 
April,  18O9,  or  any  part  thereof,  to  their  full  effect,  or  from 
taking  such  other  measures  of  retaliation  against  the  enemy, 
as  may  appear  to  his  royal  highness  to  be  just  and  necessary. 

And  the  right  honourable  the  lords  commissioners  of  his 
majesty's  treasury,  his  majesty's  principal  secretaries  of  state, 
the  lords  commissioners  of  the  admiralty,  and  the  judge  of 
the  high  court  of  admiralty,  and  the  judges  of  the  courts 
of  vice-admiralty,  are  to  take  the  necessary  measures  herein 
as  to  them  may  respectively  appertain. 

(Copy.) 
My  Lord,  18,  Bentmck- Street,  June  26,  1812. 

Ihave  the  honour  to  acknowledge  the  receipt  of  the  two  notes 
addressed  to  me  by  your  lordship  on  the  23d  of  this  month  en 
closing  an  order  in  council  issued  that  day  by  his  royal  highness 
the  prince  regent,  acting  in  the  name  and  on  the  behalf  of  his 
Britannic  majesty,  for  the  revocation  (on  the  conditions  therein 
specified)  of  the  orders  in  council  of  the  7th  of  January,  ISO/, 


IST  SESS.]  STATE  PAPERS.  [2Q9 

and  of  the  26th  of  April,  1809,  so  far  as  may  regard  Ameri 
can  vessels  and  their  cargoes,  being  American  property,  from 
the  first  of  August  next. 

In  communicating  this  document  to  my  government,  I 
shall,  with  much  satisfaction,  accompany  it  with  the  hopes 
which  you  state  to  be  entertained  by  his  royal  highness  the 
prince  regent,  that  it  may  accelerate  a  good  understanding 
on  all  points  of  difference  between  the  two  states. 

I  am*  the  more  encouraged  to  believe  that  these  hopes  will 
not  be  disappointed,  from  the  assurance  which  your  lordship 
was  pleased  to  give  me,  in  the  conversation  of  this  morning, 
that,  in  the  opinion  of  your  lordship,  the  blockade  of  the  16th 
of  May,  1806,  had  been  merged  in  the  orders  in  council,  now 
revoked  and  extinguished  with  them;  and  that  no  condition 
contained  fn  the  order  of  the  23d  instant,  is  to  be  interpreted 
to  restrain  the  government  of  the  United  States  from  the  ex 
ercise  of  its  right  to  exclude  British  armed  vessels  from  the 
harbours  and  waters  of  the  United  States,  whenever  there 
shall  be  special  and  sufficient  cause  for  so  doing,  or  whenever 
such  exclusion  shall,  from  a  general  policy,  be  extended  to 
the  armed  vessels  of  the  enemies  of  Great  Britain;  this  assu 
rance  I  am  happy  to  consider  as  evidence  of  a  conciliatory 
spirit,  which  will  afford  on  every  other  point  of  difference  an 
explanation  equally  frank  and  satisfactory. 

I  am,  my  lord,  with  great  consideration,  your  lordship's 
most  obedient  servant, 

(Signed)  JONA.  RUSSELL. 

Mr.  Russell  to  the  Secretary  of  State. 
Sir,  London,  2d  July,  1812. 

I  avail  myself  of  the  opportunity  afforded  by  the  British 
packet,  to  transmit  to  you  a  copy  of  a  note  from  lord  Castle- 
reagh,  of  the  29th  ultimo,  which  I  trust  will  put  at  rest  the 
blockade  of  1806. 

I  acknowledged  the  receipt  of  this  note,  as  you  will  observe 
bv  the  enclosed  copy  of  my  reply,  without  a  comment. 

"  I  did  not  think  it  useful  to  enter  into  a  discussion  at  this 
moment,  concerning  the  legality  of  that  blockade,  which,  as 
no  new  doctrine  appears  to  be  assumed,  is  made  to  depend 
upon  the  fact,  the  application  of  an  adequate  force. 

In  like  manner  I  have  forborne  to  notice  his  lordship's  ob 
servations  concerning  the  exclusion  from  our  ports  of  British 
vessels  of  wan  As  such  exclusion  is  required  to  accord  with 

VOL.  i.  3D 


210]  HISTORICAL  REGISTER.     [13-TH  CONG. 

the  obligations  of  strict  neutrality  only,  the  conduct  and  cha 
racter  of  the  government  of  the  United  States  furnish  security 
against  any  question  arising  on  that  subject. 

I  have  the  honour  to  be,  &c. 
(Signed)  JONA.  RUSSELL. 

Lord  Castlereagh  to  Mr.  Russell. 

Foreign  Office,  June  29,  1812. 

Lord  Castlereagh  has  the  honour  to  acknowledge  the  re 
ceipt  of  Mr.  Russell's  communication  of  the  26th  instant. 

That  no  mistake  may  prevail  upon  the  explanation  given  in 
conversation  by  lord  Castlereagh  to  Mr.  Russell,  on  the  two 
points  referred  to  in  Mr.  Russell's  letter,  lord  Castlereagh 
begs  leave  to  re-state  to  Mr.  Russell,  with  respect  to  the 
blockade  of  May,  1806,  that,  in  point  of  fact,  this  particular 
blockade  has  been  discontinued  for  a  length  of  time;  the  ge 
neral  retaliatory  blockade  of  the  enemy's  ports,  established 
under  the  orders  in  council  of  November,  1807,  having  ren 
dered  the  enforcement  of  it  by  his  majesty's  ships  of  war  no 
longer  necessary,  and  that  his  majesty's  government  have  no 
intention  of  recurring  to  this,  or  to  any  other  blockade  of  the 
enemy's  ports,  founded  upon  the  ordinary  and  accustomed 
principles  of  maritime  law,  which  were  in  force  previous  to 
the  order  in  council,  without  a  new  notice  to  neutral  powers 
in  the  usual  forms. 

With  respect  to  the  provision  of  the  order  of  the  23d  in 
stant,  which  refers  to  the  admission  of  British  ships  of  war 
into  the  harbours  and  waters  of  the  United  States,  lord  Cas 
tlereagh  informs  Mr.  Russell,  that  this  claim  is  made  in  conse 
quence  of  his  majesty's  ships  being  now  excluded,|whilst  those 
of  the  enemy  are  admitted.  It  is  the  partial  admission  of  one 
of  the  belligerents  of  which  Great  Britain  feels  herself  enti 
tled  to  complain,  as  a  preference  in  favour  of  the  enemy  in 
compatible  with  the  obligations  of  strict  neutrality.  Were 
the  exclusion  general,  the  British  government  would  consider 
such  a  measure,  on  the  part  of  America,  as  matter  of  dis 
cussion  between  the  two  states,  but  not  as  an  act  of  partiality 
of  which  they  had  in  the  first  instance  a  right  to  complain. 

Lord  Castlereagh  avails  himself  of  this  opportunity  to 
renew  to  Mr.  Russell  the  assurances  of  his  high  considera 
tion. 

Mr.  Russell  to  Lord  Castlereagh. 

18,  Bentinck- Street,  1st  July,  1812. 

Mr.  Russell  has  the  honour  to  acknowledge  the  receipt  of 
the  note  of  lord  Castlereagh,  dated  the  29th  ultimo,  containing 


IST  BESS.]  STATE    PAPERS.  [21t 

explanations  relative  to  the  two  points  referred  to  in  Mr.  Rus 
sell's  note  of  the  26th  of  that  month,  and  will  take  the  earliest 
opportunity  of  communicating  it  to  his  government. 

Mr.  Russell  begs  leave  to  avail  himself  of  this  occasion  to 
repeat  to  lord  Castlereagh  the  assurances  of  his  high  consi 
deration. 


Letter  from  the  Secretary  of  the  Treasury,  transmitting  his  an 
nual  Report  on  the  state  of  the  Finances;  prepared  in  obedi 
ence  to  the  act  to  establish  the  Treasury  Department. 

Sir,  Treasury  Department,  June  Id,  1813.     , 

I  have  the  honour  to  transmit  a  report  prepared  in  obedi 
ence  to  the  u  Act  supplementary  to  the  act,  entitled  u  An  act 
to  establish  the  treasury  department." 

I  have  the  honour  to  be,  very  respectfully,  sir,  your  obe 
dient  servant, 

W.  JONES, 

Acting  Secretary  of  the  Treasury. 
The  Honourable  the  Speaker 

of  the  House  of  Representatives. 

In  obedience  to  the  "  act  Supplementary  to  the  act,  entitled 
"  An  act  to  establish  the  treasury  department,"  the  acting 
secretary  of  the  treasury  respectfully  submits  the  following 

REPORT: 

The  receipts  into  the  treasury  from  the  first 

of  October,  1812,  to  the  31st  of  March, 

1813,  have  amounted  to  S  15,412,416  25 

The  balance  in  the  treasury  on  the  30th  of 

September,  1812,  was  2,362,652  69 

Making  together  g  17,775,068  94 
The  expenditures  from  the  first  of  October, 

1812,  to  the  31st  of  March,   1813,  have 

amounted  to  g  15,919,334  41 

Leaving  a  balance  in  the  treasury  on  the  1st 

of  April,  1813,  of  1,855,734  53 

g  17,775,068  94 

The  enclosed  statement  (A)  shows  in  detail  the  several 
sources  from  which  the  receipts  were  derived,  and  the 


212]  HISTORICAL  REGISTER.    [ISTH  CONG, 

branches  of  expenditure  to  which  the  disbursements  from  the 
treasury  were  applied. 

Pursuant  to  the  act  of  the  8th  of  February  last,  subscriptions 
for  a  loan  of  sixteen  millions  of  dollars  were  opened  on  the 
12th,  and  again  on  the  25th  of  March  last.  But  although  a 
thirteen  years'  annuity  of  one  per  cent,  was  offered  in  addition 
to  a  six  per  cent,  stock  at  par,  for  the  money  which  might  be 
subscribed,  it  being  apparent  from  the  result  of  the  first  sub 
scription,  that  the  whole  amount  could  not  be  obtained  on 
those  terms,  proposals  in  writing  were  invited.  Offers,  ex 
ceeding  by  about  a  million  of  dollars  the  amount  wanted,  were 
received,  some  demanding  a  thirteen  years'  annuity  of  one 
and  a  half  per  cent,  in  addition  to  six  per  cent,  stock  at  par, 
but  most  of  them  requiring  a  six  per  cent,  stock  at  the  rate  of 
88  per  cent.  On  these  terms,  leaving  to  the  subscribers  the 
option,  the  loan  was  effected.  In  conformity  with  the  public 
notification,  the  same  terms  were  extended  to  those  persons 
who  had  subscribed  on  the  first  opening  of  the  subscription, 
and  they  have  the  same  option ; — which,  if  the  stock  at  the 
rate  of  88  per  cent,  be  taken,  is  equivalent  precisely  to  a  pre 
mium  of  13  dollars  63  cents  and  -f-?  of  a  cent  for  each  hun 
dred  dollars  loaned  to  government.  The  enclosed  papers 
under  the  letter  (B)  are  copies  of  the  several  public  notices 
given  on  the  subject,  and  a  statement  of  the  monies  respec 
tively  obtained  by  open  subscriptions  and  by  written  proposals, 
and  showing  also  the  sums  obtained  and  payable  in  each  place 
where  subscriptions  were  opened.  Of  that  sum  of  sixteen 
millions  of  dollars  thus  obtained  on  loan,  there  was  paid  into 
the  treasury,  prior  to  the  1st  of  April,  1813,  the  sum  of 
B  1,086,737  50,  which  makes  a  part  of  the  monies  received 
previous  to  that  day,  as  stated  in  the  statement  (A). 

The  resources  for  the  residue  of  the  year  1813,  consist  of 
the  following  items,  viz.: 

1.  The  remainder  of  the  loan  above  men 
tioned  g  14,913,262  50 

2.  The  sums  payable  on  account  of  cus 
toms  and  of  the  sales  of  public  lands, 

estimated  ^t  9,320,000  00 

3.  The  five  millions  of  dollars  in  treasury 
notes,  authorised  by  the  act  of  February 

25,  1813  5,000,000  00 


Say  g  29,230,000  00 

The  expenses  for  the  last  nine  months  of  the  present  year 
are  calculated  as  foiloweth,  viz.  : 


IST  SESS.J  STATE  PAPERS. 

1.  Civil  list,  and  all  expenses  of  a  civil 

nature,  both  foreign  and  domestic          $        900,00000 

2.  Payments  on  account  of  the  princi 
pal  and  interest  of  the  public  debt  10,510,000  00 

3.  Expenses  on  account  of  the  war  and 

navy  departments  17,820,00000 

jg  29,23O,OOO  OO 

Of  the  sum  of  g  1,855,734  53,  remaining  "in  the  treasury  on 
the  first  of  April  last,  a  small  part  may  be  considered  as  ap 
plicable  to  such  extraordinary  expenses  already  authorised, 
as  may  arise  during  the  remainder  of  the  year ;  and  for  the 
same  object,  the  sum  of  one  million  of  dollars,  authorised  by 
an  act  of  the  state  of  Pennsylvania  to  be  loaned  to  the  United 
States,  but  which  was  not  offered  in  time  to  be  accepted  as  a 
part  of  the  loan  of  sixteen  millions,  may  be  considered  as  a 
resource. 

In  this  estimate  the  whole  sum  of  five  millions  of  dollars 
authorised  by  law  to  be  issued  in  treasury  notes,  is  taken  as 
a  part  of  the  resources  of  the  present  year.  But  as  it  is  not 
deemed  eligible  to  increase  the  amount  of  the  treasury  notes 
in  circulation,  and  as  three  millions  only  of  those  authorised 
by  the  act  of  1812  were  issued  in  that  year,  and  are  reim- 
burseable  in  the  course  of  the  present  year,  it  is  respectfully 
suggested,  that  in  lieu  of  two  millions  of  the  five  millions  au 
thorised  by  the  act  of  February,  1813,  congress  should  autho 
rise  an  additional  loan  for  the  same  amount,  it  being  made  a 
condition  of  such  loan  that  its  terms  should  not  be  higher 
than  those  of  the  loan  of  sixteen  millions  already  effected. 
The  provision  already  considered  is  for  the  service  of  the 
present  year  only.  That  which  will  be  necessary  for  the  year 
1814  requires  an  early  attention. 

It  is  difficult  to  estimate  with  accuracy  the  sum  which  will 
be  received  into  the  treasury  from  the  revenue  as  now  es 
tablished.  During  a  state  of  war,  the  customs,  at  the  present 
rate  of  duties,  have  been  heretofore  estimated  to  produce  five 
millions  o£  dollars.  The  additional  tonnage  duty  imposed  up 
on  foreign  vessels  by  the  act  of  the  first  of  July,  1812,  pro 
ducing  about  200,000  dollars  a  year,  is  not  included  in  that 
sum.  It  is  believed  that,  during  the  year  1814,  a  greater  sum 
than  five  millions  two  hundred  thousand  dollars  ought  to  be 
relied  upon  as  receivable  into  the  treasurv  from  custom-house 
duties.  The  sum  arising  from  sales  of  public  lands  may  be 
estimated  at  six  hundred  thousand  dollars,  making  together 
5;800,000  dollars.  The  interest  alone,  on  the  public  funded 
debt,  on  temporary  loans,  and  on  the  treasury  notes  wh  ich 


214] 


HISTORICAL  REGISTER,    [ISTH  CONG. 


will  become  payable  in  that  year,  will  amount  to  four  millions 
four  hundred  thousand  dollars.  The  other  engagements,  on 
account  of  the  principal  of  the  funded  debt,  of  temporary 
loans,  and^of  treasury  notes  which  will  become  reimburseable 
in  that  year,  amount  to  7,150,000  dollars,  exceeding  together, 
by  more  than  five  millions  seven  hundred  thousand  dollars, 
the  estimated  amount  of  the  receipts  into  the  treasury  derived 
from  the  revenue  as  now  established. 

This  view  of  the  subject  is  sufficient  to  evince  the  necessity 
of  a  speedy  and  effectual  provision  for  the  service  of  that  and 
the  ensuing  years.  The  mode  and  the  extent  to  which  this 
provision  should  be  carried  have  been  heretofore  suggested 
from  this  department  to  congress,  and  have  received  the  con 
sideration  of  that  body.  The  expenses  of  the  peace  establish 
ment  of  the  United  States,  and  the  interest  of  the  public  debt, 
including  that  on  the  loans  made  for  the  prosecution  of  the 
war,  are  believed  to  be  the  least  sum  that  ought,  under  any 
circumstances,  to  be  raised  within  each  year.  These,  if  the 
expenses  of  the  peace  establishment  are  taken  at  the  sum  ne 
cessary  for  the  ordinary  expenditure  of  the  United  States 
previously  to  the  additional  armaments  made  in  the  year 
1812,  with  a  view  to  an  approaching  state  of  war,  and  inclu 
ding  the  interest  on  the  loans  of  the  years  1812  and  1813, 
and  also  of  that  which  will  probably  be  necessary  in  the  year 
1814,  will  amount  during  that  year  to  eleven  millions  four 
hundred  thousand  dollars,  viz.  : 
The  expense  of  the  peace  establishment  ex 
clusive  of  the  additional  force  authorised 
by  the  acts  passed  during  the  year  1812, 
may  be  estimated  at  $  7,000,000 

The  interest  on  the  public  debt 
during  the  year  1814,  will  be 
as  follows  : 

On  the  old  funded  debt  $  2,100,000 

On  0  per  cent,  stock  of  1812,  in 
cluding  temporary  loans  re 
ceived  on  the  part  of  the  loan 
of  eleven  millions,  which  will 
remain  unpaid  in  1814  500,000 

On  6  per  cent,  stock  of  1813  1,090,000 

On  treasury  notes  which  will  be 
on  reimburseable  in  1814,  say 
5,000,000  of  dollars  at  5  f  per 
cent.  270,000 

3,960,000 


ISTSESS.]  STATE  PAPERS.  [21a 

On  the  loan  for  the  year  1814,  interest  paya 
ble  within  that  year  44O,OOO 

811,400,000 


The  revenue  now  established,  being  estima 
ted  to  produce  5,800,000 
Would  leave  to  be  raised  5,60O,OOO 


To  cover  the  above  sum  of  11,400,OOO 


The  internal  taxes  heretofore  proposed,  were 

estimated  to  produce  5,OOO,OOO 

And  the  duty  of  20  cents  a  bushel  on  salt  im 
ported,  which,  though  estimated  heretofore 
at  only  400,000  dollars  a  year,  during  a 
state  of  war,  yet  as  the  consumption  consi 
derably  exceeds  2,000,000  of  bushels,  may 
be  estimated  to  produce  600,OOO 

Making  the  sum  wanted  5,60(),OOO 

Although  the  taxes,  if  early  laid,  may  be  brought  into  ope 
ration  in  the  commencement  of  the  year  1814,  yet,  as  they 
cannot  be  expected  to  have  their  full  effect  during  that  year, 
some  auxiliary  resource  will  be  required.  This  may  be  found 
in  the  sum  of  $1, 500,000  which  is  the  excess  of  the  sinking 
fund  for  the  present  year,  over  the  demands  on  that  fund  ac 
cording  to  the  existing  engagements  of  the  United  States;  this 
sum  of  $1, 500,000  may  be  carried  to  the  sinking  fund  for  the 
year  1814,  and  will  be  wanted  in  addition  to  the  annual  ap 
propriation  of  $800,000,  to  meet  the  engagements  on  account 
of  the  public  debt,  which  must  be  fulfilled  during  that  year. 

As  reliance  must  be  had  upon  a  loan  for  the  war  expenses 
of  the  year  1814,  the  laying  of  the  internal  taxes  may  be  con 
sidered,  with  a  view  to  that  object,  as  essentially  necessary; 
in  the  first  place,  to  facilitate  the  obtaining  of  the  loan,  and 
secondly,  for  procuring  it  on  favourable  terms.  It  is  ascer 
tained  that  the  terms  of  the  loan,  for  the  present  year,  would 
have  been  more  favourable  if  the  taxes  had  been  previously 
laid;  and  it  is  obvious  enough,  that,  by  affording  a  security 
for  the  regular  payment  of  the  interest  and  the  eventual  re 
imbursement  of  the  principal,  more  stable,  and  less  liable  to 
be  weakened  or  cut  off  by  the  natural  effects  of  war  upon  ex 
ternal  commerce,  than  a  revenue  depending,  as  that  of  the 
United  States  now  does,  almost  wholly  upon  such  external 


216]  HISTORICAL  REGISTER.    [ISTHCONG. 

commerce,  capitalists  will  advance  with  greater  readiness, 
and  at  a  lower  rate  of  interest,  the  funds  necessary  for  the 
prosecution  of  the  war.  Public  confidence  will  be  ensured, 
and  the  means  afforded  of  preserving  the  public  credit  unim 
paired;  a  measure  of  the  utmost  importance  in  a  country  like 
ours,  where,  from  the  lightness  of  the  demands  made  upon 
the  people  during  the  continuance  of  peace,  the  extraordi 
nary  expenses  of  a  state  of  war  can  be  supplied  only  by  a  re 
sort  to  that  credit. 

The  resources  of  the  country  are  ample,  and  if  the  means 
now  proposed,  and  those  heretofore  recommended  from  this 
department,  are  adopted,  it  is  believed  they  may  be  fairly  and 
fully  brought  into  action. 

All  of  which  is  respectfully  submitted. 

W.  JONES, 

Acting  Secretary  of  the  Treasury. 
Treasury  Department,  June  2d,  1813. 

(A.) 

Receipts  and  expenditures  at  the  Treasury  of  the  United  States 

from  the  1st  October,  1812,  to  31st  March,  1813. 
Cash  in  the  treasury,  subject  to  warrant,  1st 

October,  1812,  $2,362,652  69 

Received  for  customs  $4,720,001   44 

arrears  of  direct 

tax  105  52 

sales    of    public 

lands  450,596  95 

cents    coined  at 

the  mint  2,780 

fees    on    letters 

patent  3,060 

postage  of  letters  39  70 

seamen's   stores 

sold,  and  fund 

for    relief    of 

seamen  284  45 

fines,    penalties, 

and  forfeitures  1,984  96 

repayments    of 

monies  advan 
ced  20,892  51 
prize  money  for 

navy  pension 

fund  3,645  72 


ISTSESS.]  STATE  PAPERS.  [217 

Brought  forward  5,203,391   25         2,362,652  69 

Received  for  interest  on  trea 
sury  notes  300 

5,203,691   25 
Treasury  notes, 

(act  of  1812)  4,752,500 
Ditto,    (act    of 

1813)  32,000 

4,784,500 
Loan  of  11  mil 
lions,  (1812)  4,337,487  5O 
Loan  of  16  mil 
lions,  (1813)   1,086,737  50 

10,208,725 

15,412,416  25 


17,775,068  94 
Expenditures,  viz. : 

on  account  of  the  civil  de 
partment  440,473  76 
miscellaneous  expenses  368,518  64 
diplomatic  do.  48,087  37 
military  department  9,039,275  49 
naval  do.  2,690,752  2O 
public  debt  3,332,226  95 

15,919,334  41 


Cash  in  the  treasury,  subject  to  warrant, 

March  31,  1813  g  1,855,734  53 

B. 

The  United  States'  Loan,  o/g!6,000,OOO  has  been  taken  up  m 
the  following  manner  and  proportions: 

First  subscription  on  the  12th  and  13th  of 

March,  1813,  $  3,956,400 

Second  subscription,  25th  to  31st  do.  1,881,800 

Proposals  made  on  the  5th  of  April,  of  which 

only  $10,161,800  could  be  received  11,106,000 

To  which  may  be  added  the  amount  intended 
to  be  loaned  by  the  state  of  Pennsylvania, 

VOL.  I.  3  E 


218]  HISTORICAL  REGISTER.     [13TH  CONG. 

the  proposal  for  which,  not  being  received 

in  time,  could  not  be  admitted  1,000,000 

Si  7,944, 200 


Being  $1 ,944,200  more  than  the   sum  of  16,000,000  au 
thorised  by  law,  and  actually  borrowed. 

That  sum  of  $16,000,000  has  been  subscribed,  and  is  pay 
able  at  the  following  places: 

New  Hampshire,  Portsmouth  4O,000 

Massachusetts,  Portland  120,000 

Salem  183,600 

Boston  75,300 

Rhode  Island,  Providence  67,80O 

New  York,  New  York  5,437,100 

Albany  283,500 

Pennsylvania,  Philadelphia  6,858,400 

Maryland,  Baltimore  1,950,800 

Columbia,  Washington  442,500 

Virginia,  Richmond  49,OOO 

Petersburg  35,000 

Norfolk  103,000 

South  Carolina,  Charleston  354,OOO 

El  6,000,000 


B.  1. 

Whereas  by  an  act  of  congress  passed  on  the  eighth  day  of 
February,  one  thousand  eight  hundred  and  thirteen,  the  pre 
sident  of  the  United  States  is  authorised  to  borrow,  on  the 
credit  of  the  United  States,  a  sum  not  exceeding  sixteen  mil 
lions  of  dollars,  so,  however,  that  no  engagement  or  contract 
shall  be  entered  into,  which  shall  preclude  the  United  States 
from  reimbursing  any  sum  or  sums  thus  borrowed,  at  any 
time  after  the  expiration  of  twelve  years  from  the  first  day  of 
January,  one  thousand  eight  hundred  and  fourteen.  And 
whereas  by  the  said  act,  so  much  of  the  funds  constituting  the 
annual  appropriation  of  eight  millions  of  dollars  for  the  pay 
ment  of  the  principal  and  interest  of  the  public  debt  of  the 
United  States,  as  may  be  wanted  for  that  purpose,  after  sa 
tisfying  the  sums  necessary  for  the  payment  of  the  interest 
and  such  part  of  the  principal  of  said  debt  as  the  United 
States  are  now  pledged  annually  to  pay  and  reimburse,  is 
pledged  and  appropriated  for  the  payment  of  the  interest,  and 
for  the  reimbursement  of  the  principal  of  the  stock  now  to  be 


IST  BESS.]  STATE  PAPERS.  [219 

created,  and  the  faith  of  the  United  States  is  pledged  to  es 
tablish  sufficient  revenues  for  making  up  any  deficiency  that 
may  hereafter  take  place  in  the  funds  now  appropriated  for 
paying  the  interest  and  principal  as  aforesaid.  And  where 
as  the  president  of  the  United  States  did,  by  an  act  or  com 
mission  under  his  hand,  dated  the  seventeenth  day  of  Fe 
bruary,  one  thousand  eight  hundred  and  thirteen,  authorise 
and  empower  the  secretary  of  the  treasury  to  borrow,  on  be 
half  of  trie  United  States,  a  sum  not  exceeding  in  the  whole 
16  millions  of  dollars,  and  to  make  the  necessary  contracts 
for  the  same,  pursuant  to  the  act  of  congress  above  recited: 

Now  therefore,  the  undersigned,  secretary  of  the  treasury, 
in  pursuance  of  the  act  of  congress,  and  the  authority  from 
the  president  of  the  United  States  above  mentioned,  doth 
hereby,  on  behalf  of  the  United  States,  contract  and  engage 
in  the  manner  following,  to  wit : 

1-  Books  for  receiving  subscriptions  to  a  loan  of  sixteen 
millions  of  dollars,  for  the  use  of  the  United  States,  shall  be 
opened  on  the  twelfth  day  of  March  next, 

At  Portsmouth,  N.  If;  at  the  New  Hampshire  Union  Bank. 

At  Salem,  Mass.,  at  the  Merchants'  Bank. 

At  Boston,  Mass.*  at  the  State  Bank. 

At  Providence,  R.  L,  at  the  Roger  Williams'  Bank. 

At  the  city  of  New  Tork,  at  the  Manhattan  Company,  and 
at  the  Mechanics'  Bank. 

At  Albany,  at  the  New  York  State  Bank,  and  at  the  Me- 
chanics'  and  Farmers'  Bank. 

At  Philadelphia,  at  the  Bank  of  Pennsylvania,  the  Farmers' 
and  Mechanics'  Bank,  and  the  Philadelphia  Bank. 

At  Baltimore,  at  the  Bank  of  Baltimore,  the  Commercial 
and  Farmers'  Bank,  and  the  Union  Bank  of  Maryland. 

At  the  city  of  Washington,  at  the  Bank  of  Washington,  and 
the  office  of  the  Bank  of  Columbia. 

At  Richmond,  Va.,  at  the  Bank  of  Virginia. 

At  Charleston,  S.  C.,  at  the  State  Bank,  and  the  Planters' 
and  Mechanics'  Bank, 

And  at  any  other  incorporated  bank  in  any  of  the  above 
named  cities  or  towns,  which  shall  open  books  for  receiving 
subscriptions  as  aforesaid,  and  give  public  notice  thereof. 

Which  books  shall  continue  open  for  receiving  subscrip 
tions  during  the  ordinary  hours  of  transacting  business  at  the 
said  banks,  on  Friday  the  12th  and  Saturday  the  13th  day  of 
March  next.  If  more  than  sixteen  millions  of  dollars  in  the 
whole  shall  be  subscribed,  the  surplus  shall  be  deducted  in 
proportion  to  the  sums  subscribed  in  each  place  respectively, 


220]  HISTORICAL  REGISTER.      [ISTH  CONG, 

by  a  reduction  of  the  subscriptions  exceeding  four  thousand 
dollars.  But  no  reduction  shall  be  made,  of  the  subscriptions 
made  by  any  persons  or  bodies  corporate,  holders  (at  the 
time  of  subscribing)  of  stock  issued  under  the  act  of  March 
14,  1812,  called  "six  per  cent,  stock  of  1812,"  unless  the  ag 
gregate  of  their  subscriptions  should  exceed  sixteen  millions 
of  dollars;  in  which  case  the  surplus  shall  be  deducted,  by  a 
reduction  of  the  proportionally  highest  subscriptions.  If  any 
subscription  shall  be  thus  reduced,  the  amount  of  such  re 
duction  shall  be  forthwith  returned  to  the  subscriber  from 
whom  such  reduction  shall  have  been  made. 

2.  No  subscriptions  will  be  received  for  a  sum  less  than  one 
hundred  dollars,  nor  for  a  fractional  part  of  a  hundred  dollars. 

3.  For  every  hundred  dollars  which  may  be  subscribed, 
there  shall  be  paid  at  the  time  of  subscribing,  twelve  dollars 
and  fifty  cents,  and  a  like  sum  of  twelve  dollars  and  fifty  cents 
on  the  first  day  of  each  of  the  ensuing  months  of  April,  May, 
June,  JuU,  August,  September,  and  October,  1813,  respec 
tively. — Each  subscriber,  at  the  time  of  paying  any  of  the 
above  instalments,  after  the  first,  may  pay  all  or  any  number 
of  the  subsequent  instalments,  and  will  be  entitled  to  receive 
interest  at   the   rate  of  six  per  centum  per  annum  on  the 
amount  thus  paid,  from  the  time  of  actual  payment. 

4.  On  the  failure  of  payment  of  any  instalment  of  the  sums 
subscribed,    according  to   the  tenor  of  the  third  article,  the 
next  preceding  instalment  of  twelve   dollars  and  fifty  cents, 
which  shall  have  been  paid  for  every  hundred   dollars  sub 
scribed,  shall  be  forfeited  to  the  United  States. 

5.  Each  subsequent  instalment  must  be  paid  at  the  same 
bank  at  which  the  original  subscription  was  made  and  where 
the  first  instalment  was  paid. 

6.  The  cashiers  of  the  respective  banks  where  subscrip 
tions  are  received,  shall,  within  twenty  days  after  the  time  of 
subscribing,  give  certificates  stating  the  sums  subscribed  and 
payment  made,  and  on  which  the  payments  of  the  subsequent 
instalments,  when  made,  shall  be  respectively  endorsed;  which 
certificates  shall  be  assignable  by  endorsement  and  delivery  of 
the  parties  in  whose  favour  they  may  be  issued,  until  the  com 
pletion  of  the  payments  required  by  the  tenor  of  the  3d  article. 

7.  After  the  completion  of  the  payments  aforesaid,  the  pro 
prietors  of  the  certificates  of  the  cashiers,  on  which  such  pay 
ments  have  been  completed,  on  surrendering  the  same  at  the 
loan  office  o(  the  state  in  which  the  subscription  and  payments 
shall  have  been  made,  shall  be  entitled  to  receive   from  the 
commissioner  of  loans,  certificates  of  FUNDED  CAPITAL  STOCK 


IST  SESS.]  STATE  PAPERS.  [221 

for  the  amount  thus  subscribed  and  paid,  bearing  an  interest 
of  six  per  centum  per  annum,  from  the  time  when  the  said 
instalments  shall  have  been  paid  respectively,  and  payable 
quarterly  at  the  several  loan  offices,  or  at  the  treasury  of  the 
United  States,  where  the  same  may  stand  credited:  and  shall 
moreover  receive  from  the  commissioner  of  loans,  a  certifi 
cate  entitling  such  proprietor  to  an  ANNUITY  or  annual 
sum,  payable  quarter  vearh,  for  thirteen  years,  commenting 
on  the  first  day  of  January,  one  thous  md  eight  hundred  tnd 
thirteen,  of  one  dollar  on  every  hundred  dollars  thus  sub 
scribed  and  paid;  which  certificates  of  annuity  shall  constitute 
a  separate  and  distinct  stock,  and  may  be  sold,  assigned,  and 
transferred  to  and  from  the  books  of  the  treasury,  or  of  the 
several  loan  offices,  separately  and  distinctly  from  the  afore 
said  funded  capital  six  per  cent,  stock.  And  the  said  funded 
capital  stock,  and  the  said  annuities,  shall  be  transferable  by 
their  respective  proprietors  in  person,  or  by  their  attornies 
duly  constituted,  in  the  same  manner  as  the  present  funded 
debt  of  the  United  States,  and  in  pursuance  of  the  rules 
which  have  been  or  which  may  be  established  relative  to  the 
transfer  of  the  said  debt. 

8.  After  the  payment  of  the  fifth  instalments,  such  of  the 
proprietors  of  the  certificates  of  the  cashiers,  of  two  hundred 
dollars  and  upwards,  as  mav  then  be  desirous  of  funding  the 
same,  mav,  on  presenting  th  m  at  the  loan  office  of  the  state 
in  which  the  subscription  and  payments  shall  have  been  made, 
receive  from  the  commissioner  of  loans,  certificates  of  funded 
capital  six  per  cent,  stock,  for  the  amount  of  the  four  first  in 
stalments,  or  one  moiety  of  the  sum  expressed  in  the  certifi 
cates  of  the  cashiers;  and  also  certificates  for  one  moiety  of  the 
thirteen  years'  annuity  of  one  dollar  on  the  hundred  dollars 
subscribed.   But  no  certificate  of  funded  capital  six  per  cent, 
stock  including  a  fractional  part  of  a  hundred  dollars,  or  certifi 
cate  of  annuity  including  a  fractional  part  of  a  dollar,  will  be 
issued. 

9.  After  the  last  day  of  December,  in  the  year  one  thousand 
eight  hundred  and  twenty-five,  and  after  reasonable  notice  to 
the  creditors,  which  shall  be  given  by  an  advertisement  in  some 
public  newspaper,  printed  at  the  seat  of  government  of  the 
United  States,  the  said  capital  six  per  cent,  stock  shall  be  re 
deemable  at  the  pleasure  of  the  United  States,  by  the  reim 
bursement  of  the  whole  sum  which  may  at  that  time  stand  cre 
dited  to  any  proprietor  on  the  books  of  the  treasury  or  of  the 
loan  offices  respectively.  And  the  payments  of  the  said  annui 
ties  for  thirteen  years,  shall  cease  and  determine  on  the  first 


222]  HISTORICAL  REGISTER.     [ISTHCONC. 

day  of  January,  one  thousand  eight  hundred  and  twenty-six, 
when  the  certificates  of  the  same  shall  be  surrendered  up  and 
cancelled. 

1O.  So  much  of  the  funds  constituting  the  annual  appropria 
tion  of  eight  millions  of  dollars,  for  the  payment  of  the  prin 
cipal  and  interest  of  the  public  debt  of  the  United  States,  as 
may  be  necessary  for  the  regular  payment  of  the  interest  and 
for  the  reimbursement  of  the  principal  of  the  stock,  and  for 
the  regular  payment  of  the  annuities  to  be  created  under  this 
contract,  together  with  the  faith  of  the  United  States  for  its 
due  fulfilment,  are  hereby  pledged  in  pursuance  of,  and  ac 
cording  to  the  terms  and  conditions  of  the  act  of  congress 
herein  before  recited. 

Given  under  my  hand  and  the  seal  of  the  treasury  of  the 
United  States,  at  Washington,  this  twentieth  day  of 
February,  one  thousand  eight  hundred  and  thirteen. 
ALBERT  GALL  ATI  N, 

Secretary  of  the  Treasury. 

B.  2. 
UNITED  STATES'  LOAN. 

Treasury  Department,  March  18th,  1813. 
Notice  is  hereby  given,  that  the  books  for  receiving  sub 
scriptions  to  the  loan  authorised  by  the  act  of  congress  of 
February  8th,  1813,  will  again  be  opened  on  the  25th  day  of 
this  month,  on  the  same  terms  and  conditions  as  heretofore, 
and  continue  so  open  till  the  31st  day  of  this  month,  unless 
sooner  closed  bv  public  notice,  at  the  following  places,  and  for 
the  following  sums  respectively,  that  is  to  say  : 
At  Nerv-Tork,  for  five  millions  of  dollars  : 
At  the  Manhattan  Company 
Mechanics'  Bank 
City  Bank 
Merchants'  Bank 
Bank  of  America. 

At  Philadelphia,  for  five  millions  of  dollars : 
At  the  Bank  of  Pennsylvania 

Farmers'  and  Mechanics'  Bank 
Philadelphia  Bank 
Stephen  Girard's  Bank. 

At  Baltimore,  for  one  million  seven  hundred  thousand  dollars: 
At  the  Bank  of  Baltimore 

Commercial  and  Farmers'  Bank 
Union  Bank  of  Maryland 
Mechanics'  Bank 
Marine  Bank. 


Isr  SESS.]  STATE  PAPERS.  [223 

At  Washington,  for  three  hundred  thousand  dollars : 
At  the  Bank  of  Washington 

Office  of  the  Bank  of  Columbia. 

Proposals  will  also  be  received  by  the  secretary  of  the  trea 
sury,  until  the  fifth  day  of  April  next,  from  any  person  or  per 
sons,  body  or  bodies  corporate,  who  may  offer  for  themselves 
or  others  to  subscribe  for  the  whole  or  part  of  the  residue  of 
the  loan  aforesaid,  which  may  not  have  been  subscribed  for, 
prior  to  the  first  day  of  April  next.  The  proposals  must  distinct 
ly  state  the  amount  offered  to  be  loaned,  the  species  of  stock  or 
stocks  which  the  parties  wish  to  obtain,  and  the  price  they 
will  allow  for  the  same.  Unless  a  different  modification  should 
be  asked  in  the  proposal,  it  will  be  understood  that  the  amount 
loaned  will  be  paid  into  the  treasury  in  four  equal  instalments, 
viz. :  on  the  15th  days  of  April,  June,  August,  and  October 
next ;  and  that  the  stock  issued  will  be  irredeemable  till  the 
3 1st  day  of  December,  1825. 

If  proposals  shall  be  made,  amounting  together  to  a  greater 
sum  than  that  required,  the  preference  will,  on  equal  terms, 
be  given  to  stockholders  of  the  six  per  cent,  stock  of  1812. 

If  any  proposals  differing  in  terms  from  one  another,  or 
from  those  on  which  subscriptions  have  already,  or  may  be 
made,  prior  to  the  first  day  of  April  next,  should  be  accepted, 
all  the  parties,  including  those  who  have  already  subscribed, 
or  may  subscribe,  prior  to  the  first  day  of  April  next,  shall  be 
placed  on  the  same  footing,  by  giving  to  all  the  option  either 
of  the  terms  offered  by  them,  or  on  which  they  have  sub 
scribed,  or  those  offered  by  any  other  persons,  and  which 
shall  have  been  accepted. 

No  proposal  will  be  received  for  a  sum  less  than  one  hun 
dred  thousand  dollars.  But  a  commission  of  one  quarter  per 
cent,  will  be  allowed  to  anv  person  collecting  subscriptions 
for  the  purpose  of  incorporating  them  in  one  proposal,  to  the 
amount  of  one  hundred  thousand  dollars  or  upwards  ;  pro 
vided  that  such  proposal  shall  be  accepted. 

All  the  proposals  must  be  transmitted  by  duplicates,  one 
directed  to  the  city  of  Washington,  and  the  other  (under  cover 
of  the  cashier  of  the  bank  of  Pennsylvania)  to  Philadelphia. 

ALBERT  GALLATIN, 

Secretary  of  the  Treasury. 


224]  HISTORICAL  REGISTER.     [13TH  CONG. 

B.  3. 
UNITED  STATES'  LOAN. 

Treasury  Department,  April  i5th,  1813. 
Those  persons  who  have  subscribed  to  the  United  States' 
loan  of  sixteen  millions  of  dollars,  prior  to  the  first  day  of 
the  present  month  of  April,  are  hereby  notified,  that  terms 
different  from  those  under  which  they  made  their  subscrip 
tions,  have  been  allowed  to  the  persons  who  have  taken  the  re 
mainder  of  the  said  loan  of  sixteen  millions;  and  that,  conform 
ably  to  the  public  notification  from  this  department  on  the 
18th  of  March  last,  those  who  subscribed  prior  to  the  first  of 
April,  have  the  privilege  of  taking  the  terms  thus  subsequent 
ly  allowed;  and  which  terms  are  as  follow,  viz.  : 

1.  That  the  subscriber  shall  receive  a  six  per  cent,  stock, 
the  interest  payable  quarter  yearly,   redeemable  at  the 
pleasure  of  the  United  States,  at  any  time  after  the  end 
of  the  year  1825,  at  the  rate  of  eighty -eight  per  cent.  ; 
or  1OO  dollars  in  stock  for  88  dollars  in  money;  or 

2.  That  the  subscriber,  for  every  hundred  dollars  in  money, 
shall  receive  one  hundred  dollars  in  the  same  species  of 
six  per  cent,  stock,  and  an  annuity  for  thirteen  years  from 
the  first  day  of  January  last,  of  one  dollar  and  fifty  cents, 
payable  quarter  yearly. 

The  subscribers  who  may  wish  to  avail  themselves  of  these 
terms,  will  present  their  scrip  certificates  to  the  cashier  of  the 
bank  by  whom  they  were  issued,  and  will  express  in  writing, 
on  the  face  of  the  same,  which  of  the  above  terms  they  will 
elect  to  accept,  and  will  receive  frc^n  the  cashier  new  scrip 
certificates  conformably  thereto  ;  the  payments  of  which,  and 
funding  whereof,  are  to  be  effected  in  the  same  manner  as 
before. 

Such  subscribers  as  have  already  completed  their  payments, 
and  obtained  certificates  of  funded  stock  and  annuities,  on 
the  terms  originall\  proposed,  are  to  surrender  the  same  to 
the  commissioner  of  loans,  or  to  the  register  of  the  treasury, 
by  whom  they  were  issued,  expressing  their  election  in  the 
same  manner  ;  and  will  receive  from  him  certificates  of  fund 
ed  stock,  and  of  annuities,  as  the  case  may  be,  in  confor 
mity  with  the  election  they  may  thus  make. 

ALBERT  GALLATIN, 

Secretary  of  the  Treasury. 


1ST  SESS.] 


STATE  PAPERS. 


[225 


c. 

View  of  the  Sinking  Fund,  for  the  year  1813. 
The  balance  belonging  to  this  fund  remaining 

unapplied  on  the  31st  December,  1812,  per 

report  of  commissioners  to   congress,  of 

February  6,  1813,  was  $  3,550,369  11 

The  annual  appropriation  for  the  year  1813  8,000,000 


Making  together         11,550,369  11 

There  was  applied  during  the  first  quarter  of 

the  year  1813  1,036,868  28 

Leaving  to  be  applied  in  the  three  last  quar 
ters  of  that  year  10,513,50083 

The  manner  in  which  the  amount  will  be  applied  in  the  year 
1813,  is  as  follows  : 
Interest  and  reimbursement  of  old  six  and 

deferred  stocks,  estimated  at  S  2,160,000 

Interest  on  exchanged  six  per  cent,  stock  of 

1812  180,000 

three  per  cent,  stock  485,000 

1 796  six  per  cent,  stock  5,000 

Louisiana  stock  and  charges  680,000 

six  per  cent,  stock  of  1812,  in 
cluding  temporary  bank  loans 
and  some  arrearages,  700,000 

new  stock  of  1 8 1 3  470,000 

Principal  of   temporary  loans  reimbursable 

in  1813  1,350,000 

Treasury  notes,  including  those 
payable  on  the  1st  and  llth  of 
January,  1814,  which  must  be 
provided   for  by  the  31st  of 
December,  1813  3,804,500 

Interest  on  the  same  205,443 


say          4,010,000 


VOL.  i. 


3F 


10,040,000 


226] 


HISTORICAL  REGISTER. 


Brought  over 

There  was  paid  on  account  of  the  above, 
in  the  first  quarter  of  1813 

Leaving  payable  in  the  three  last  quarters 
that  year,  say 

And  will  leave  to  be  applied  to  the  pur 
chase  of  stock,  or  to  be  carried  to  the 
sinking  fund  for  the  year  1814 


10,040,000 
1,036,868  28 

9,000,000 

1,513,500  83 
8  10,213,500  83 


END  OF  VOL.  I. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recalL 


IN  STACKS 


•APR-Um 


OCT24  196749 


JUL  2  1  1969 


| OP:    41982 

ffOV  201966  76 


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University  of  California 

Berkeley 


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